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Kids can present challenges in condos

Posted by Robert E. Ducharme | Jun 30, 2017 | 0 Comments

Kids in Condos

Full Disclosure: My wife and I have but one child a daughter, 12 years of age, and notwithstanding a wonderful marriage, our daughter is the best thing that has ever happened to us. So my viewpoint might be a bit jaded.

But I do understand not everyone feels the same about children, and that can be a problem in Condo World. Too many owners are under the unintentionally wrong belief that they can regulate kids in condos so that they are to be seen and not heard. And that's a mistake. Associations have repeatedly been sanctioned for outlawing playing on the common area, fining kids for running around, outlawing bicycles and toys and more.

If you want to live in an association that has no children, live until 55 and join an over-55 condominium association, which is one of the few allowances for legal discrimination. In the meantime, as with many other things in associations, you have to balance the rights of everyone, not just us older folk.

It is certainly true that little tornadoes in the form of a pack of children, laughing, running, skateboarding, and playing games can cause of a bit of problems including noise complaints and even some damage to the common area. So what to do? Pass fair rules and impose them fairly. If kids are a bit too loud, then it's fair to warn parents about noise that effects the quiet enjoyment of others at normally more quiet hours of the day and night.

But parents need to balance the rights of their fellow owners against the right of their kids to be, well, kids. So here are a few suggestions.

Parents

Be responsible. Don't allow your children to run free like wild animals and destroy your neighbor's flowers. Same goes for elevators, hallways, pools, and other amenities. There is a reason that the rules likely require you to supervise your children – these activities aren't safe for children without supervision.

Be reasonable. If you live in close quarters, ditch the drums. Don't let your children scream and shout all day and night. If the rules prohibit children from using the facilities during certain times of the day, abide by them. Is the condo designed for families? If not, find another one.

Be respectful. Teach your children to be respectful. Explain to them why they shouldn't scream, stomp around, or bang their toys on the ground. You'll teach them valuable lessons that will be with them for life.

Condo Boards & Managers

Be reasonable. Kids will be kids. The occasional noise incident shouldn't result in a legal letter with the costs charged back to the condo parents. If the noise is frequent, that is a different story.

Investigate. Some owners really don't like children and will complain about every little noise. Make sure the complaints are legitimate, just like you should with every complaint. Look for secondary sources, like other witnesses,  to confirm the complaint.

Balance. It will be hard sometimes, but you have to balance the competing interests of condo parents and non-parents. Fortunately, creative solutions can turn problems into great opportunities for fostering community spirit.

Condo Communities

Be inclusive. Allow children to attend the Annual Meeting or other meetings to learn about the condominium association. Set aside time in the pool schedule for children to jump and play. Setting aside a designated time will allow the children to be children without annoying the other residents.

Consider having someone from the local YMCA or other community organization offer swimming lessons if there is a pool on site. If there is a clubhouse or other gathering area, consider having a kids movie night. It can be rotated on different nights for different age groups, and the local high school is a great place to get good recommendations for sitters, so parents can have nice night out … or in.

Solicit views. You might be surprised by the number of owners who want to participate in Halloween or another holiday. There may not be many children living in the condo, but many owners might have grandchildren or nieces and nephews that they'd like to have visit.

With the prices of detached homes sharply increasing year-after-year, more families will make the move to affordable condo living to raise their children. So find a way to make your place a kid friendly one. You'd be surprised. Making your association a bit more inclusive, might just brighten your day. But then again, I'm spoiled.

Thanks to ontcondolaw.com for some good guidance.

About the Author

Robert E. Ducharme

Attorney Robert E. Ducharme is a Seacoast resident whose civil law practice is limited to Condominium Law. Attorney Ducharme has owned and lived in a residential condominium, owns commercial condominiums, has worked as a condominium property manager, and has practiced condominium law since 2000....

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