• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Condo rule discriminate younger and family with kids

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

amandayyu

Junior Member
I lives in a condo in North Allegheny county in Pennsylvania. Three years ago there are four family with small kids moved into this condominium. and they keep getting letter from board accusing violation of rules of condo because their kids playing outside after school. Here is the rule 18 : In the interest of safety for the children of Oxford Court, there shall be no game playing with equipment in the common areas, and no riding of bicycles on the roadways within the complex.
Rule 23 : These regulations may be amended by majority vote of the Board of Directors of Oxford court Condominium association.

The board has "forced" two of the family with kids out by use this rule. Rule 23 to me like a dictatorship. I thought to amend the rules should by majority of owners not board members. 5 board members are all retired ladies and they seem to try to make these community a retirement residency. Their pet dogs are running on the roadways no problem, no kids allowed to play outside.
There are a lot of rules you cannot do this and that in our condo rules, if anyone can advise on above two rules, are these the rules unconstitutional, any suggestion the owner of condo can do to make changes. From rule 23, we have no saying to the rules. Please advise.
 


Zigner

Senior Member, Non-Attorney
I lives in a condo in North Allegheny county in Pennsylvania. Three years ago there are four family with small kids moved into this condominium. and they keep getting letter from board accusing violation of rules of condo because their kids playing outside after school. Here is the rule 18 : In the interest of safety for the children of Oxford Court, there shall be no game playing with equipment in the common areas, and no riding of bicycles on the roadways within the complex.
Rule 23 : These regulations may be amended by majority vote of the Board of Directors of Oxford court Condominium association.

The board has "forced" two of the family with kids out by use this rule. Rule 23 to me like a dictatorship. I thought to amend the rules should by majority of owners not board members. 5 board members are all retired ladies and they seem to try to make these community a retirement residency. Their pet dogs are running on the roadways no problem, no kids allowed to play outside.
There are a lot of rules you cannot do this and that in our condo rules, if anyone can advise on above two rules, are these the rules unconstitutional, any suggestion the owner of condo can do to make changes. From rule 23, we have no saying to the rules. Please advise.
Rule 18 is fine. No riding bikes on the walkways makes a LOT of sense. Walkways are made for (get ready...) WALKING. And, having game equipment out and about can cause dangerous situations to arise. These rules apply to EVERYBODY, not just children.

As for Rule 23 - it's moot in this situation. However, it DOES allow you to make changes. All you have to do is get yourself elected to the board! And, if it really is a bunch of old ladies running things (as I inferred from your post), then all you have to do is wait for them to die!
 
Rule 18 is fine. No riding bikes on the walkways makes a LOT of sense. Walkways are made for (get ready...) WALKING. And, having game equipment out and about can cause dangerous situations to arise. These rules apply to EVERYBODY, not just children.

As for Rule 23 - it's moot in this situation. However, it DOES allow you to make changes. All you have to do is get yourself elected to the board! And, if it really is a bunch of old ladies running things (as I inferred from your post), then all you have to do is wait for them to die!
According to the OP rule 18 does not say anything about riding a bike on a walkway. OP stated, "no riding of bicycles on the roadways within the complex."

Check your local laws about where to ride a bike. Most places I know of specifically state bicycles can only be ridden on roadways and must observe the same traffic laws as if they were a motor vehicle. But, even so that wouldn't allow for kids to ride in circles.

As for playing outdoors, the rule doesn't say the children can't play. It just says they can't use equipment.

Lastly, these are rules and as stated can be amended by the Board. If they were in your By-Laws, then there might be other mechanisms for change, such as what you mention with an owner vote.

Good Luck.
 

Zigner

Senior Member, Non-Attorney
According to the OP rule 18 does not say anything about riding a bike on a walkway. OP stated, "no riding of bicycles on the roadways within the complex."
True - but it doesn't change the final answer because it applies to ALL residents, not just children.

Check your local laws about where to ride a bike. Most places I know of specifically state bicycles can only be ridden on roadways and must observe the same traffic laws as if they were a motor vehicle.
Irrelevant. These are PRIVATE roads.
 
Irrelevant. These are PRIVATE roads.
They may be private, but are you sure they are exempt from having to follow the law? I mean, next door in NJ, HOA roadways are still governed by local laws. That includes everything from sign height regulations to traffic laws concerning bicycles. For example, on an HOA owned road, minors on a bicycle must still wear a helmet and people in automobiles must still wear seat belts. Police can pull people over and issue tickets on a 'private' HOA road.

That said, I understand NJ is somewhat of a gestapo state and PA is a LOT more relaxed with their laws. Regardless, would it not be an option for the OP to check with their local laws and see if they apply to HOA owned roads. If their law says bicycles belong on the roadway, and such applies to HOA roads, it would supersede any HOA rule, right?
 

Zigner

Senior Member, Non-Attorney
They may be private, but are you sure they are exempt from having to follow the law? I mean, next door in NJ, HOA roadways are still governed by local laws. That includes everything from sign height regulations to traffic laws concerning bicycles. For example, on an HOA owned road, minors on a bicycle must still wear a helmet and people in automobiles must still wear seat belts. Police can pull people over and issue tickets on a 'private' HOA road. [
The law doesn't say that bikes HAVE TO BE allowed on the road, does it?
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top