💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

JoanT (Florida)
Posts: 17
Posted:
This is a new subdivision.. Board is good at taking care of many occurrences.
At first there were only one or two children and this was really not a problem.
As the new houses have be occupied now there are 15 or more always playing in the
same area, blocking traffic, balls flying into every ones yard, kids running on all
the yards right outside of residents windows.. now this is a real problem. A child was almost
hit by a car the other day when they ran out in front of someone trying to get in there driveway.
Police have been called, parents have met, no satisfaction. As it turns out the property owners
are not happy. The children all happen to come from rental homes..Now its the owners against
renters. What would be the best way to handle this..It is always the same residents who cannot
get in or out of there driveways. There is no area that is considered play area..
RonaldW (South Carolina)
Posts: 901
Posted:
I'm not sure this is an HOA matter unless the HOA wants to consider constructing a play area. Even then, the HOA cannot prohibit children from playing in the street or on other owner's properties. This is between the property owners and the children, their parents and if necessary, the local police.

Ron
SC
WilliamT (Arizona)
Posts: 489
Posted:
Are your streets public or private? If they're private, then your association has provided common areas and sidewalks for children, and you may be able to write a rule that pedestrians must use the sidewalk and children may plan in the common park areas, not in the streets.

If they're public, then you need to consult with the police on how they can ssist you.

If they're getting into other people's yards, and the owners complain, then ask them to send complaint letters to the board. Then the board can send the owner a violation letter for his tenants children creating a nuisance in the community. There will be a nuisance clause in the CC&R's. The owner will have to control the tenants or pay the fines.

Another thing is if the police tell you that it is against the law for kids to play in the street, then have them issue a citation to the parents. Get proof of that citation from the police, and that may also be considered a nuisance in your CC&R's. Ours say that any violation of applicable laws constitutes a violation. Yours probalby does also.
JoanT (Florida)
Posts: 17
Posted:
the streets are public. The homeowners property on which the children are playing on is not theirs. they are playing in driveways and yards of homeowners not related to the children..
Your idea of nusiance may be the only way to go. As their parents think they do no wrong and they are in another area of the subdivision.
RonaldW (South Carolina)
Posts: 901
Posted:
Posted By JoanT on 03/03/2007 6:40 PM

The homeowners property on which the children are playing on is not theirs. they are playing in driveways and yards of homeowners not related to the children..


Why are the homeowners not telling the children to stay off their property? Why are they not taking this up with the parents of the children? Why are they not calling the police as a last resort?

Again, I don't believe this is an HOA matter.


Ron
SC
JoanT (Florida)
Posts: 17
Posted:
The neighbors do ask them to stay off the lawns and property. We have talked with the parents, (all of them live on other streets) we have called the police..
Police talk to the children ask them to stay off property. Parents say they can play there, since there is no where else. they don't believe there children would go on others property as much as there being told. we need to treat the children with respect is one of there solutions. I guess we can't understand why they aren't in front of there own house or in there own yard.. We also have tried to have all the children that play together, have there parents try to come up with a solution. Maybe each on take turns taking the group to a ball park.. The children are extremely defiant..and so are there parents.
RonaldW (South Carolina)
Posts: 901
Posted:
It's tresspassing if the children play in yards where they've been told not to play. The parents can take pictures ot video tape them if necessary. This evidence can be turned over to the police. The downside is that many children an some adults are liable to retaliate against the property owners. Spray painted mailboxes or walls, damage to vehicles, etc. Again, in my opinion, it's either a civil or police matter, not an HOA matter.

Ron
SC
MarkF3 (Indiana)
Posts: 1
Posted:
Please do not forget...."they are kids". I understand 100% if they are destroying property or vandalizing in any way.
Do the kids know that it bothers you? Is that the only attention they get?
Kids need attention, and they WILL get it whether good or bad. Chances are they do not get ANY attention on their own street / yard, so they are convening on yours for the attention.
I see more and more kids in need of parental involvement, and unfortunately it seems to manifest itself in these type of situations.
I do not have a solution per se, but getting them involved in something positive might help. I know you are not their parent, but they are kids....it doesn't matter.
PaulM (Pennsylvania)
Posts: 1,347
Posted:
Obviously, the problem is escalating if children are blocking traffic and possibly in 'harms way'.

Are we to understand that the children involved are from rentals in your community? Do your CC&Rs address nuisances; if so, have the Board send strong letter/s to the property owners. They are the ones responsible to ensure that their 'renter' is following correct
behavior in the community. Have police reports been created? If so, send copies of these as well. If not, ask if a report can be written for you to pass along to the owner as proof of the problem.

It is a difficult matter when the property owner himself does not occupy the residence and especially if they don't even live on site. They have to depend on others to alert them to ongoing problems with those who are renting. You don't want to be a snitch; however, your Board has a duty to the majority of residents/property owners to maintain the community in an acceptable manner.
Good Luck!
KennyD1 (Texas)
Posts: 51
Posted:
A nieghbor of mine just contacted me via email about this issue acouple of days ago. Let me give you a run down. And whats going to happen.

The niegbor informed me that someone was coming onto her property and damage her driveway solar lights.

A few days later as she was leaving her house and open the door she saw two little girls riding their bikes on her lawn. She thinks that this is how her stuff was getting damage. She told the little girls "nicely" to get off her lawn, since she just moved in and her grass was just layed two weeks ago. (this was almost a year ago)

Just acouple of days ago she was going to lay some weed killer and fertizer down and the little girls were near the lawn again, she walks over to where the girls live (which is about three houses down from her) and the mother was outside in her driveway watching the girls from there. As she approch and was going to tell the lady nicly that she was going to lay chemicles down and didn't want the kids around so that they wouldn't get sick or hurt, the other lady told her to F*ck-off and she didn't want to hear anything from her. (WOW!) she though.

I informed her that she could call the cops and get her for disorderly conduct (which is a ticketable offense) which I know works, cause I had it done myself to someone else.

She said that she going to install cameras until it happens again and when it does that she will file lawsuit for damages and her having to buy the camera because of the kids, also I told her to file a criminal trespassing warning, so if it happens again, then the parents could be arrested.

This is currently going on and is a issue for the HOA to address. We are also working on issue of people walking their dogs and letting them crap on people lawns. What is this world coming too?
RonaldW (South Carolina)
Posts: 901
Posted:
Again, I don'y believe it's an HOA matter, it's a civil matter between the homeowner and the children and their parents. Getting the HOA involved could lead to legal costs for the HOA. The homeowner needs to contact the police.

Ron
SC
KennyD1 (Texas)
Posts: 51
Posted:
If it was a civil issues, then why would some cities enforce the poo-n-scoop laws? You would think if I let my dog crap on someone lawn that this is an civil issue. This isn't anything diffrent then children running up on someone lawn and damaging their property. We need to least talk as a community that this is an issue going on in the nieghborhood. For the HOA to turn a blind eye is not something i'm willing to do. We are the people to build bridges and help nieghbors get along with each other, even though it is a civil matter.
LoriP1 (Florida)
Posts: 3
Posted:
Joan---- My husband & I have been in our home 2 years now. Our yard is a child magnet- for kids & garbage. I'm like a cop sitting in front of my home--when possible--and I tell them to get OFF my property. Go play & destroy your OMN property. I have even confronted parents and THANK-GOD, the worst of the little heathens, has moved. I WILL NOT put up with it. This is MY property, bottom line. Last Christmas, they ran over ALL our X-mas lights and broke most of them more than once. Again, off to see the parents. One warning, then I call the police. The HOA doesn't have to prohibit children, but YOU & I have EVERY right too.
LoriP
LoriP1 (Florida)
Posts: 3
Posted:
Nothing for nothing, annoying as it may be, the world has alot more major issues than a dog pooping on your lawn. They can poop on mine, but by God, you'd better have a paper towel in hand, or guess where that poop is gonna end up? On YOUR doorstep! if it's your dog, of coarse : )

LoriP
RonaldW (South Carolina)
Posts: 901
Posted:
.......... Then the board can send the owner a violation letter for his tenants children creating a nuisance in the community. There will be a nuisance clause in the CC&R's. The owner will have to control the tenants or pay the fines.


I can see the newspaper headline now:

HOMEOWNERS ASSOCIATION DECLARES CHILDREN A NUISANCE, FINES PARENTS

I don't think this is a good idea.


Ron
SC
DennisM1 (California)
Posts: 3
Posted:
I've read through this post and there are opinions ranging from this issue not being something that an HOA should involve itself with, to calling the police or suing. Because I am still not clear as to what is common ground and public access here, spare the streets themselves. I can only respond from the prospective of my own HOA where we are required to maintain our own back yards, and the HOA maintains our streets and front yards as common areas.

If the HOA’s landscaping crew maintains your yards as common areas, the HOA can and should enforce restrictions and fines, which are in compliance with the by-laws and CC&R’s. If you contract out or provide your own landscaping services, assuming then that your yards are not common ground. Then RonaldW is correct in his belief that this is not an HOA matter. In fact, it would be the equal of living in any other neighborhood with out an HOA, and again he would be correct in saying that for the children to be playing on your yards would amount to trespassing. So again, if you will… common areas are enforceable by the HOA’s board of directors. Anything else belongs to the local police as a matter of civic duty.

All of this notwithstanding, I believe there are many households getting off on the wrong foot here. Understanding that the intention of HOA living is to be assured a peaceful and content environment, each home is occupied by individuals, whose idea of a peaceful and content environment is as diverse as most would ever imagine… This being the case, it is important for everyone to find “common ground.” No pun intended, and as quickly as possible. Given the fact that stress, which is derived from problems like this, is not healthy and by no means lends itself well to the American dream of owning your own home. In my opinion it comes down to a matter of respect for others and their propriety, and to that end, it’s a concern that we should even be posting in this regard here, perhaps there is more to this than the one side in which we are hearing, nonetheless, there are actions which need to take place and resolve the problem.

It was noted in your post that these children live in homes that are being rented out. Has there been any contact with the owner(s) or perhaps rental agents about any of this? I can assure you that if I had renters who were disruptive to their neighbors. I’d be having a serious conversation with them. That is, there are liabilities that fall upon the landlords’ shoulders as well. For all the post regarding this matter, I just can’t help be to think that this should be a very simple matter to resolve given the factors involved here. The most important being the children’s safety, their parents setting an example for them to learn by and of course again, the respect of your property. I wish you well in this…
BradP (Kansas)
Posts: 2,640
Posted:
Kenny:

This is absolutely not an HOA situation and I think any HOA is foolish for stepping in. I understand wanting to keep peace among neighbors but these are adults. I had a dog doing its business on my yard and I turned to the police department to enforce their city ordinances. I was even on the HOA board at the time and never once considered it an HOA manner. After several phone calls the dog doesn't come anywhere near our home.

As for the kids, that is a civil issue, which should be dealt with through the police. If the homeowner has tried talking to the parents with no results then the next step is to ask the police for help and advice and handle it that route. True, some people are immature enough to vandalize, but you have to pick your battles you want to fight.

This has been talked about in other situations and I think most of us agree that any matter that is defined in your local municipality codes is best left to them to enforce. HOA's have enough to do than get involved in doggie doo doo and obnoxious kids IMO.
DonnaG (Nevada)
Posts: 1
Posted:
Help, we are having the same problem with rental units. The parents don't seem to want the kids inside so they send them outside to create havoc for everyone else. When we have tried to talk to the parents, it seems it is never their children causing the damage. The area infront of our units are considered common area as well on the side of some buildings. Kids are constantly sitting on the block walls, breaking off sprinkler heads, swinging on the palm trees, throwing trash, screaming and yelling in the stairwells, the list could goes on and on. Can owners have the children play in front of their building only. We are in Vegas and have people who work shift work and it makes it impossible for some people to sleep during the day or evening. We contacted the Property Management Company and all we hear is the Fair Housing Act and we can't discriminate because of the age. We have talked to the parent and that went no where. Can something be changed in the rules and regulations about this? The BOD are at a loss as what to do.
NancyD1 (Florida)
Posts: 447
Posted:
Children have to abide by the rules the same as adults. There is no such law about discrimination against children because of age or the Fair Housing Act. If the property manager is using this excuse he is wrong. The only people who can be discriminated against are the ones who sign the leases.

If you have rules about where the children can play enforce them. If not the community needs to designate certain areas. The parents will have to be responsible for any actions of their children.
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Maybe?

Charge the owners that are renting the property a small fee for #of children. I think children are a community project. It was in the days before HOAs. Since this is a problem in this HOA, the solution will likely have to come form the Association. Fine owners for repeated offences. Any fines go into the above mentioned kitty. At some point, have the HOA match these funds and use the money for play areas. I have no idea if this will work, but, after all is said and done it is an issue that the owners of the property will have to solve. But, the association or the police can only do so much and may never solve the problem. It will take some inovative thinking especially now that the battle lines are drawn. If there is no cooperation between the residents, drastic measures will have to be taken or property values will be effected and that is again a matter of the few owneers not living under the restrictions of the whole.
JohnC10 (Arizona)
Posts: 106
Posted:
Befriend them and channel their energy by putting a portable basketball goal at the curb.
VickiB1 (California)
Posts: 8
Posted:
We have a very relaxed community when it comes to children playing. And, thankfully, most parents are involved in their children's activities and work towards creating harmony amongst the "playing" and the "non-playing" residents. However, recently we experienced a problem with minors out after dark causing trouble and actually paintballing homes and cars. The "posse" was identified (some caught in the act) and a letter was sent to the homeowners from our HOA attorney. It's been rather quiet lately.

If the children are unruley and running a muck in your yard or area, I would ask the BOD to respond via letter from the HOA management or, as proven more effective, the HOA attorney.
RonaldW (South Carolina)
Posts: 901
Posted:
Quote:
Posted By RobertR1 on 10/15/2007 7:10 AM
Maybe?

Charge the owners that are renting the property a small fee for #of children.

An HOA cannot charge a fee based on the number of children unless this is in the CC&Rs (and I'll bet it is not).

Even if it could, how would the HOA determine the number of children living in a home? How would they prove a child was living there? My neighbor's daughter "dumps" her daughter on her every summer for the entire summer. The child is "staying there" but is she "living there"?

And at what age is the "child" no longer a child, but an adult still living with his/her parents?

Ron
SC
RobertR1 (South Carolina)
Posts: 5,164
Posted:
Ron,
Guess I wasn't clear enough. I believe the Board could charge any owner that rents his property any $ that are spent out of association funds to resolve or control a renters action. The charge would or could be larger for # of children, it makes no difference. If any owner does anything that is cause for a special expenditure of funds, that owner is personally responsible, those that rent and those that don't.

The obvious answer to this child problem has to fall back on owners. I do believe that anyone living in an HOA or condo are obligated to the community to consider the actions of children and be willing to provide community funds to accomodate their needs. HOA's build walking trails, playgrounds basketball courts, etc with association funds all the time. They build workout facilities and steam rooms and bars and lounges to accomodate adults, all with association money. A community without all those little devils running around is not attractive to me, even if they do call me the Condo Cop.
GloriaM (North Carolina)
Posts: 829
Posted:
Dennis:

Couldn't agree with you more, except that kids today (not all of course) lack respect for anyone or anything. They spit in police officer's faces, tell their own parents to &%$# off, teachers are afraid to teach...the list goes on.

It comes down to 1 factor...the parents making their children do the right thing. Unfortunately parents today are often working 2 jobs just to make ends meet and our society suffers because families today don't sit at dinner together anymore, there isn't much family time and kids come home after school to an empty house.

Who suffers is all of us. The old saying "it takes a village to raise a child" we all need to get involved in our communities to make it the best it can be and that means and takes involvement from the BOD, MC, parents and homeowners.

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here