Legal Question in Real Estate Law in California
My question involves real estate located in the State of: California
We have a 13 year old son that is a huge baseball fan. He is constantly practicing his hitting using a tee and wiffle balls. We live in a complex that has breeze ways between them. There are 4 townhouses, a breezeway, then another set of townhouses. Behind us is a tennis club with roughly 16 courts on it. When CJ hits his wiffle balls against the fence the tennis players come over, call him a "young punk" and say "you better stop throwing rocks or else". I have gone out there and explained to them that it is wiffle balls, but they still swear up and down that it is rocks.
We have talked to the manager of the club about this, and his response "Well your child has no right to be playing there, you don't own that common area, so he is in the wrong to begin with, talk to your home owners association, they will prove ME right and YOU wrong!"
So we called the HOA (Which by the way, the owners are good friends of ours, even the kids play on the same baseball team), they said that there is a Federal Law protecting kids from playing in a common area and that CJ can play there.
Does anyone know if this is true and what the law is called? Also, what is the law with regards to the adult tennis players harassing and intimidating a 13 year old minor?
2 Answers from Attorneys
I am very doubtful that there is such a Federal law. This just isn't an area where the Feds have any interest or authority. Our Federal government has only the powers granted to it by the Constitution; all other powers belong to the states -- and I don't see any Constitutional question or issue here. Also, I'd take the tennis players' position on your son's activities.
While there is not likely any Federal law on this, if your homeowner's association does not prohibit your son from playing, there is NO reason he cannot or should not be playing there.This is not a question or issue, only your homeowner's asociation can stop the playing. It might be another question of hitting the metal fence with the wiffle balls, but even there I would tend to believe your son has done anything wrong.
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