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MichelleG7 (Connecticut)
Posts: 66
Posted:
I need to here the pros and cons. for allowing a unit to use a sprinkler outside for kids. We all share a lawn in the back it is a horseshoe type of condo.

Not all units can do this for lack of water by grass. So I see hoses all over the place. insurance reason. What is for one others will want.

They will leave it there for sure for a bit. not take it off the lawn.

IT will be right out on the front lawn by the road for all to see. .

And all the neighbors kids will be over here.

Have you allowed this not allowed for what reasons. in many years we have never been asked this. Not have I seen it.

JohnT38 (South Carolina)
Posts: 1,631
Posted:
Other thank asking that the hose be put up after the kids are done playing I would leave this one alone and let the kids play and have fun. I'm not sure if you were implying that this was an insurance/lawsuit risk but if you are I'm not buying it. If you take this position then you would have to ban ALL play time activities since any of them can result in injuries. On a personal note, I love seeing kids actually play outside instead of spending all their time behind a keyboard.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
OMG the horror and risk of children playing in a water sprinkler! It must be stopped now! Can't imagine what catastrophe beholds the HOA!

Please tell me this isn't real? A HOA is to be a place for families to live. Guess what that means? Kids in sprinklers, bicycles on the streets, and sometimes toys in the yard. All you can do is ask for it to be picked up in the evenings and not left out.

Sorry but a sprinkler now an insurance concern and maybe effecting home values? What do we live in houses for if we can't live?

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
My Declaration has a restriction prohibiting using common areas as playgrounds, so you could look for something similar. Having a whole crowd congregating *could* be considered a nuisance as well, but you're flirting with a Fair Housing complaint there. One reasonable argument you could use is the damage to the common elements which everyone would have to pay for, which is unfair to those who don't contribute to the damage.

(For what it's worth, our association's attorney is adamantly against allowing yard sales in condo communities, in part because of liability and damage to the common elements. So there is at least some support for this kind of reasoning.)

You may also want to talk to your insurance agent about the potential liability for the association. Suppose somebody gets hurt and you're uninsured?

And there are always the recent health advisories against large crowds due to covid-19 - but that's not a permanent thing, and it seems to act as a red flag for certain segments of the population.
SheliaH (Indiana)
Posts: 6,964
Posted:
You've never been asked about this before, so don't worry about it until it becomes a problem. Which it won't if people are reminded to put these things up when the kids are done with it so you don't damage the grass. This should also go for kiddie pools, slip and slide mats, etc. Parents and guardians should also ensure the toys don't become a tripping hazard, along with the hose.

Is this an example of HOA regs run amok or are people incapable of using common sense? Anyone who objects to a sprinkler for kids to run through is probably in need of prayer....

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LetA (Nevada)
Posts: 2,679
Posted:
If this was a splash pad that was installed by the association I would say no problem. All you need is one person to trip and fall, you have a hot mess on your hands. Forget the trip and fall, what if someone has water intrusion because someone left the hose on when not in use. Besides all that, why shout other be compelled to pay for water waste.
JohnT38 (South Carolina)
Posts: 1,631
Posted:
Quote:
Posted By LetA on 06/19/2020 7:24 AM
If this was a splash pad that was installed by the association I would say no problem. All you need is one person to trip and fall, you have a hot mess on your hands. Forget the trip and fall, what if someone has water intrusion because someone left the hose on when not in use. Besides all that, why shout other be compelled to pay for water waste.

You can fall down playing kickball, jump roping, hide and seek, etc. Why don't we just ban kids from playing anything outside and make them stay inside so we eliminate any and all risks to the mighty HOA. While we're at it we should ban washing your car or watering your lawn because others just simply shouldn't have to pay for the waste water. The perfect HOA community.
CathyA3 (Ohio)
Posts: 6,299
Posted:
Quote:
Posted By JohnT38 on 06/19/2020 7:51 AM
Posted By LetA on 06/19/2020 7:24 AM
If this was a splash pad that was installed by the association I would say no problem. All you need is one person to trip and fall, you have a hot mess on your hands. Forget the trip and fall, what if someone has water intrusion because someone left the hose on when not in use. Besides all that, why shout other be compelled to pay for water waste.


You can fall down playing kickball, jump roping, hide and seek, etc. Why don't we just ban kids from playing anything outside and make them stay inside so we eliminate any and all risks to the mighty HOA. While we're at it we should ban washing your car or watering your lawn because others just simply shouldn't have to pay for the waste water. The perfect HOA community.

Yup, that's why there is a "no playing on the common elements" restriction in my CC&Rs. It's unfortunate that boards have to worry about this stuff, but they do.

If all of the bad consequences of people's actions could land on the perps, it would be great. But if it happens on common elements, you'd better believe people will sue the association because that's where they think the big bucks are. I promise you, the ones who holler the loudest about homeowner rights will also holler the loudest when they get to pay their share of an uninsured settlement. Which is why I suggested talking to the association's insurance agent.

It's this kind of nonsense that makes board members burn out and run off screaming into the night. And make savvier homeowners decide that they will avoid condos like the plague in the future. If it's your property and you're the one who gets to pay the price for your decisions, have at it. If it's property that is jointly owned, you don't get to do whatever the heck you want.
TimM11
Posts: 354
Posted:
We allowed them in my HOA in the common areas as long as they were put away after use and the water wasn't getting in anyone's exclusive use area or on association property that could be damaged. Same with wading pools.

I'm pretty sure we had language in our CC&Rs absolving the HOA of liability for activities like that too, but it's been a while and I no longer have them easily accessible.
SamE2 (New Jersey)
Posts: 310
Posted:
We would allow them but require them to be put away when not in use. Everything has risk that is why you have insurance. I think the risk is minimal.
MarkR21 (North Carolina)
Posts: 710
Posted:
Let kids play don’t be an old scrounge for heaves sake!
CathyA3 (Ohio)
Posts: 6,299
Posted:
It's not a matter of letting kids play.

These are condos, the lawn will be common area, and the water system is probably also common area (water paid for by assessments). There may also be drainage issues in the area, which will be the association's problem to deal with. And the association will have to pay for the damage to the lawns (I was a kid, I played in sprinklers, I know what happens to lawns).

So this boils down to passing additional expenses - that almost certainly have not been budgeted for and that benefit a few homeowners - to the community as a whole. That's hardly fair and will almost certainly create conflict.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Why can't you all offer an area for a "Splash pad"? Have all the kids not just one household come between certain hours for everyone to play in the sprinkler?

Overall I don't see much of a problem letting kids play in a sprinkler. Not sure many people would complain in this heat except asking if they can get in too...

Former HOA President

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