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Orange County Homeowners Association Law Firm

Letter angers homeowners' association members

Part of the reason that California families buy homes is so their children have the freedom to play. Neighborhood kids often get together to play, ride their bikes or otherwise spend time together. Now, one community has angered many homeowners' association members by attempting to restrict where their children can play.

Apparently, one community resident in particular became upset with all of the children playing outside their homes. That person somehow convinced the HOA to send out a letter to parents asking them to have their children play at a park or in their backyards instead. The letter alluded to the fact that vehicles have nearly struck several children who were playing in the neighborhood's streets.

In response, many of the parents asked why drivers could not refrain from speeding through the neighborhood. Drivers should be extra cautious, knowing that children may be out playing, as part of their duty of care while driving. Many other neighbors support the parents' contention that their children should be able to play out front. Those residents were attempting to determine who believes that the way to keep the children safe is to prohibit them from playing out in front of their homes. At last report, a hearing was scheduled to discuss the matter.

The homeowners' association members affected by this letter may want to determine whether the HOA even has the right to make this particular request. It may be a good idea to discuss the situation with an attorney who regularly deals with California HOA law to determine what rights and responsibilities the homeowners have in this situation. In fact, when a homeowner is faced with a seemingly unorthodox request from an HOA, it would more than likely be prudent to have the request and the CC&Rs reviewed in order to receive the appropriate advice and assistance with the next steps.

Source: thestir.cafemom.com, "Parents Furious After Receiving HOA Letter Encouraging Them to Stop Letting Their Kids Play Outside", Jordyn Smith, Sept. 19, 2017

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