No Playground

Hi Everyone. As you know, I've posted several times about the children in our condo complex. Some quick background info: This was an Adult Only rental community until 2000. Then we become a condominium complex. The previous owner did not make it a 55+ community so we had to allow buyers with children. There is NO playground nor is there any property available to make a play area. So the children here took it upon themselves to make the ditch/retention pond area their personal playground. As a result, they've destroyed the grass and the "banks" are eroding where they play. Now when it rains it fills up with mud. Many people are complaining because where we used to have "green" we now have dirt and mud which then settles outside the first floor back doors.

Now get this: our new property manager thinks we should designate an area for the kids to play in. As I said, we have no land to do this. (We're only two, two-story buildings set on a small parcel of land, directly on a busy highway.) We don't feel it's responsible to "designate", as a playground, they area they're now using, since it's full of concrete drainage pipes, sprinkler heads, cable lines, etc. I'd never allow my own kids to play in there---but that's just me. If we called this the "official" playground and one of those kids got hurt, I can only imagine what our insurance liability would be. As it is now, people want to ban the kids from playing in there because there already is a real danger of them being hurt.

Any suggestions or advise?

AnnaD2: As a suggestion, consult with the Association's attorney on the insurance issues for this situation. Not sure what type of insurance the assn. may carry on liability for common areas.

The assn. is presently running 2-risks: damage to the real property which the assn. is responsible to repair/maintain (by residents' fees), and the risk of accidents occuring while children play there--to them and to the basin itself.

You might consider planting 'cattails' or some other type of dense foliage which would 'fill the basin' and deter anyone from using it as a play area.
Further, the insurance company may encourage you to send notices to all residents of the steps you are taking and the seriousness of this situation. At the very least, it would put residents 'on call' that if their children insist on playing in a 'no admittance' area, the assn. will not assume responsibility if the children are hurt in any way.

This requires some investigation into assn. responsibility and the possible legal repercussions it could have. Cattails may be the simple solution!!!

AnnaD2 - Yes, important that your docs. state no common areas will be used for anything other than their intended use. Your PM should be reminded of this covenant, her thought of a playground is not in accordance. Your association Board must not condone or turn a blind eye to use of the common elements contrary to what was intended. A retention or detention basin is not appropriate for a playground. However, kids will be kids and the use of it as a playground will have to monitored. The community members should be presented with a letter stating that recreation for all association residents is very important however the community was constructed in such a way that prevented it due to the very limited common space for all to enjoy. However, here is a list of areas in the vicinity where those seeking recreational activities can go. Furthermore the association Board must state that we are officially enforcing the restriction of the use of the basin for recreational activity, per the governing documents, and sight them. Advise owners to instruct their children accordingly, and the cost of clean-up and repair of the current damage will be taken from association dues. If one more person is found to be playing in the basin, or any more damage is incurred, the association Board will have no other choice but to begin the process of installing a perimeter fence to further protect the intended use of the space. Or something to that effect.

Great advice from the others. hold the line on the common area, let it be what it was supposed to be. Instead of cattails, may i suggest any of the following:

sawgrass
cholla or other cactus that might last in the humidity
cycads
queen palms, kept short
cottoneaster
bayberry
mulberry kept to bush height
bouganvilla (very nice)
wild rose
blackberries
scrub oak
holly
honey locust
aloe/victoria aloe

HI ANNA, DONNA HERE!!

This is another perfect example of a Developement not having been planned well when it was first developed. As you have stated, there is no common area to accomodate any play area so the association cannot allocate any space for the kids. Kids will be kids and they will adapt and play where they want, no matter what you do to stop them. The danger of them playing inside the ditches is not something the Board wants and the Board can send out letters and notices but that is almost futile to force them to stop. All that you can do is hope that they grow up fast.

As parents, you want your kids safe. As the Government, they want the kids off of their duffs to get some excercise to fight obesity. As the Board, you want them out of your hair to prevent a lawsuit. Where do they go??? I do not have the answer but I would have the Association buy a few very, very large flat stones and place them in the area along the banks to prevent further erosion. You know the kind that weigh a thousand pounds each.

Linda, that is a very good idea. Your thinking ahead could save us a lot of headaches down the road. The area is question is part of the Southwest Florida Water Management District. A pipe runs from under the road (from the neighborhood across the road) into this "holding area" Another pipe starts about halfway down the building then runs the entire length of our building into another "holding" area. Or ditch, or retention or depression....I'm not sure what it's called.