Have you ever thought that the kids playing in your community should have adult supervision at all times? Well, below is an article from the Davis-Stirling.com Newsletter by ADAMS | STIRLING PLC regarding the association of children playing in the common areas and the community rules.
Children Playing Without Adult Supervision
QUESTION: Two boys ages 6 and 10 were playing in our common area stream. When I asked about their parents, a man came out and said, “Where does it say in the rules children must be with their parents?” Do I have to worry a Fair Housing claim if I tell the children not to play in the stream? I really think it should be a rule that no children should be in the common areas without adult supervision.
ANSWER: If you are a neighbor telling children not to play in the stream, you don’t have to worry about Fair Housing claims. The association, however, could become a target if it adopts discriminatory rules.
State Agencies. When it comes to alleged discrimination, employees of the Department of Fair Employment (DFEH) are rarely neutral investigators. Some are zealous advocates for whomever files the complaint. I once had to go to the head of the DFEH to get an investigator pulled from a case because she was a nut.
Potential Liability. DFEH investigators, unfortunately, don’t focus on the big picture. Attempts by the association to avert injuries seems to be of little concern to the DFEH. It doesn’t matter that if an unsupervised child is injured in the common areas, the association will be sued.
Discrimination. They believe it’s their job to stamp out any perceived discrimination. For example, another association similar to yours was admonished by the DFEH because they had a rule that “children are not allowed to play in the…lake or streams.” The DFEH decided this was discriminatory because “This rule specifically targets children.” The DFEH ordered the association to revise its rules “to delete the word children wherever it appears.”
Minors. To satisfy the DFEH, rules must be narrowly tailored. For example, if you require “minors” to be supervised, the rule is deemed too broad. A minor is anyone under 18, which is considered too restrictive. If a 15-year old can get a driving permit, it is unreasonable to say they must be supervised while in the common areas.
Parental Supervision. If you require that anyone under 15 have “parental” supervision, the rule is also too restrictive. Any adult can do the job. Even “adult” supervision can be too restrictive. Some argue that a 16-year old is sufficient to supervise children.
RECOMMENDATION: Although heavy-handed, there is some logic in the positions taken by the DFEH. It means that association boards must be more careful how they word their rules and regulations. It may cost a few dollars but boards have their rules reviewed by legal counsel. It is less expensive to adopt properly drafted rules than to defend poorly drafted ones. – View the actual article
For more knowledgeable information regarding the business of HOA’s, visit: The Davis-Stirling.com Newsletter
