Restricting sports and large group games in common areas

I am a member of a small (14 homes) HOA that has several acres of flower beds and lawn that were professionally landscaped to provide a park like environment. The majority of our monthly dues goes towards the maintenance of the common areas and the beautiful gardens are what makes our HOA unique and attractive to potential homeowners. We are not a designated 55 year+ community but all of the homeowners are over 55 or childless. A current homeowner has permitted his daughter and her husband and four small children under the age of 7 to move in to his empty unit. The family treats the common areas as their personal back yard and hosts regular parties in which large groups of children, usually unsupervised, play kickball, baseball and soccer. As a result sprinklers and plants, trees and shrubs have been damaged and the enjoyment of the common area has been disrupted. Our CC&Rs are specific that the common areas are subject to "reasonable rules and regulations" and that all homeowners have "a nonexclusive right to use the Common Area in accordance with the purposes for which it is intended without hindering the exercise of or encroaching upon the lawful rights of any other Unit Owners."

The HOA has attempted to gain the cooperation of the owner. He has threated suit under the FHA that protects the rights of children from discrimination if any attempt is made to restrict his family's unfettered access to the common areas.

The HOA understands that rules and regulations can not restrict access to children as a protected class. However, it would seem that the CC&Rs provide a legal authority for the HOA to restrict access to the common areas for certain activities that compromise the intended purpose of the common areas and mutual enjoyment of all homeowners. If not, what would prevent me from hosting a weekly softball practice in the common area?

Any experience with this issue or a similar one is greatly appreciated.
Susan

Fred's advice is good. If the damage being done is frequent enough it should be possible to take some before and after pictures. Consider sending the homeowner a bill for each thing damaged. Your CCRs probably allocate responsibility for such things to the individual owners. I would bend over backwards to avoid mentioning "the children" in any communication with the owner. Focus instead on the damage being done and make it clear who the HOA intends to make pay for it.

Why do I see this as the old farts versus the kids?

Susan,

We had an issue where the common area had excessive foot traffic and damage to the sod occurred. Here is a link to the thread where I discussed that issue, perhaps it will help:

Subject: Bare spots in common area grass due to excessive foot traffic - how to handle?

http://www.hoatalk.com/Forum/tabid/55/forumid/1/postid/152794/view/topic/Default.aspx

Thanks for all the excellent comments and shared experiences.

The damage is primarily broken off sprinkler heads (from kids stepping on them while they are running/or intentionally, we have seen both) and stressed turf, a few plants have received "haircuts" by the 3 year old. The area where the lawn is used for kickball is completely worn to straw.

This is a very small complex and every home has patio access to the common area. It is landscaped to provide great views. The units have a zero lot line (this is a PUD) and each unit shares a common wall. We are the adjoining neighbors to the family with kids (who are renting)and have lived here 10 years. There is no question that the common areas were not designed for recreational play and large group sports. In addition to the damage, there is the crying, screaming and yelling that is a normal part of kids play and magnified when 7-8 friends (non-residents) are invited to play also so that group size swells to 11-18 kids. We can hear the noise inside our home with doors and windows shut. Outside on our patio it is deafening. So yes, this is a clash of old vs. young!

I am suggesting to our HOA that we have a community meeting to discuss the intended purpose of the common areas. The majority will not agree to the re-designation as a recreational area, as it was intended to be a park, for observing and light strolling.

The owner of the unit has lots of money and has been adamant that he will sue if his grandchildren are restricted. So the HOA feels very threatened and bullied.

> This is a very small complex and every home has patio access to the common area. It is landscaped to provide great views.

You could consider reprogramming the common area. Maybe install a gazebo in the middle? It could be desirable to almmost all of the owners.

THERS SHALL BE NO PLAY ~ THIS IS A FUN-FREE ZONE

Same signage we have at our old fogie pool in our 55+ community.

oops oops: