Legal Question in Real Estate Law in California

Prohibiting Children From Playing

Is it legal for the Coop board of a 64 unit townhouse complex to prohibit children from playing outside in front of their townhomes or anywhere within the court for that matter? This coop in Hayward, CA., wants to put up signs the warn children that they cannot play or they will fine the parents.

Is this legal?

Thank you,

Daniel


Asked on 5/23/07, 6:15 pm

2 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

Re: Prohibiting Children From Playing

No and the board is setting themselves up for a discrimination complaint. I strongly suggest filing a complaint with Fair Employment & Housing Office.

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Answered on 5/23/07, 6:35 pm
George Shers Law Offices of Georges H. Shers

Re: Prohibiting Children From Playing

Mr. Starrett is legally correct, but he also does have to live in your condo complex. Instead of alienating the Board and forcing them to spend money [who do you think ends up paying that money], if you have not already tried, speak to the manager and if that does not work to Board members to point out that that would be a clear violation of teh law. If they want to ban excess noise caused by anyone, that is legal, or if they feel that people playing in the streets is dangerous, they can ban it. They can not base the ban on age unless they can show a sound medical basis [such as banning children from hot tubs because they are not able to regulate body heat as will as an adult can]. Find out why they want to ban the activity and point out to them the ban is not reasonable as it needs to apply to adults who do the same behavior [18 year old boys are more reckless that 10 year old males].If that does not work, ask them to contact their condo organization to find out a legal opinion as to the law.

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Answered on 5/23/07, 6:55 pm


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