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Rules and Regulations

Started by KelleyS1 • 9 replies • 317 views

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KelleyS1 (Massachusetts)
Posts: 2
Posted:
Can a Board alone change rules and regulations? Our condo is not over 55 and children playing is frowned upon. The PM keeps referring to children simply playing ball as "organized sports". Which it is not and I have told him repeatedly "organized sports" are run by communities or schools. What kind of recourse can be taken? He also tapes areas off where children play.
SheliaH (Indiana)
Posts: 6,964
Posted:
Read your documents - the bylaws usually dictate how the community is to be run, and some allow the board to enact additional rules that flesh out the CCRs (which dictate how the common areas are used).

A little more details would also be necessary - I agree that simply playing ball isn't an organized sport, where there are umpires, rules, sponsorships by the local hardware store, and of course several fundraisers to buy garbage cans, restaurant gift cards, and so on. Have people complained about noise, balls nearly breaking a window, games in the middle of the night, trash, etc.? Where are these kids playing - you may have a large expanse of grass, but that doesn't mean people can automatically use it as a soccer field or dog run (or both).

It may be it's time for the community to consider designating an area as a playground, which will bring up another set of questions, starting with what permanent equipment will be purchased, if any, how will it be maintained, how much will that cost - and how will this affect your assessments? Maybe the board should commission a special advisory committee to explore these issues in detail - make that suggestion and YOU can be among the first to volunteer for it.
If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
TerriS6 (California)
Posts: 3,284
Posted:
Quote:
Posted By KelleyS1 on 12/15/2023 10:56 AM
Can a Board alone change rules and regulations? Our condo is not over 55 and children playing is frowned upon. The PM keeps referring to children simply playing ball as "organized sports". Which it is not and I have told him repeatedly "organized sports" are run by communities or schools. What kind of recourse can be taken? He also tapes areas off where children play.

You might look at the Fair Housing Act for discrimination based on familial status, if PM is limiting children to a certain part of the common area.
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By KelleyS1 on 12/15/2023 10:56 AM
Can a Board alone change rules and regulations?
To be lawful, the bylaws, declaration, or state statutes must give the board the authority to create/change rules. Start reading.
Quote:
Posted By KelleyS1 on 12/15/2023 10:56 AM
Our condo is not over 55 and children playing is frowned upon.
As TerriS6 hinted: This promises to be the first violation of the Fair Housing Act of which your board/manager/owners will be accused.

Quote:
Posted By KelleyS1 on 12/15/2023 10:56 AM
The PM keeps referring to children simply playing ball as "organized sports". Which it is not and I have told him repeatedly "organized sports" are run by communities or schools. What kind of recourse can be taken?
I do not see what the issue is here.

Quote:
Posted By KelleyS1 on 12/15/2023 10:56 AM
He also tapes areas off where children play.
Again as TerriS6 hinted, this is a mega-violation of the Fair Housing Act. If you want elaboration, ask.
KerryL1 (California)
Posts: 14,550
Posted:
Did the Board make a rule of some kind profiting kids or persons under a certain age from playing in certain areas?? The wording will be in the meeting minutes when the Board proposed the rule and perhaps voted to approve it. What is the exact wording of this rule if it really exists?

If there IS a rule made by the Board or by whatever means are legal in Mass., what is the penalty for violating it?

OR--is the PM on their own running around taping off areas, taking pics, etc.
JoeN6 (Virginia)
Posts: 94
Posted:
For the kids safety I wouldn’t want them play ball throwing frisbees in and common area parking lot or paved entrance exit .
ElleN (Idaho)
Posts: 4,420
Posted:
Quote:
Posted By JoeN6 on 12/18/2023 3:05 AM
For the kids safety I wouldn’t want them play ball throwing frisbees in and common area parking lot or paved entrance exit .
I used to think this way too. But in fact HUD says that restrictions on kids playing ball/frisbee/yada in the parking lot violate the FHA.

If a HOA is going to have such restrictions, to not violate the FHA the restrictions need to be applicable to all people, not just kids.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our state law has the power HOA boards have and developing and or changing Rules and Regulations is one of them. Also check your Bylaws.
MichaelS56 (Minnesota)
Posts: 859
Posted:
Our state law has the power HOA boards have and developing and or changing Rules and Regulations is one of them. Also check your Bylaws.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Typically BOD's can make and/or rescind a rule. A rule may not override any Covenant nor Bylaw. Rules are generally used to define things such as pool hours, parking issues, etc.

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