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Children are being told they can't play in common areas.

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Donna Radford

Guest
We (several residents and I)were told today that our children can't play on grass areas of the apartment complex. They play ball and are just being kids (ages 7-12) and not distroying property or damaging anything. One resident who aparently doesn't want to hear kids playing complained to the office. We were told our children could only play on the playground, which consists of one play place, dirty sand and is surrounded by trees and on one side by a deep (approx 10') drainage ditch. In Fl, most drainage ditches contain snakes, including water mocassins. There is no fence between the playground and the ditch and if the kids try to play ball, around trees, they lose the balls in the ditch. They then try to retrieve them. We have tried talking to the manager of the complex but have been told that it is not their rules, but the management company. At this time, our children have no safe place to play. They can't even play outside our apartment in the grass or on the sidewalk as they are being considered too loud and a nuisance.

Do we have any legal grounds? Our lease states that "kids under 12 must be supervised by an adult in common areas." It also states that the common areas are for the enjoyment of all residents. Our children are residents and are not allowed to enjoy the common areas. We supervise them and they are still not able to play.

Please advise!

Frustrated Parent of Depressed 9 & 11 yr old
 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Donna Radford:
We (several residents and I)were told today that our children can't play on grass areas of the apartment complex. They play ball and are just being kids (ages 7-12) and not distroying property or damaging anything. One resident who aparently doesn't want to hear kids playing complained to the office. We were told our children could only play on the playground, which consists of one play place, dirty sand and is surrounded by trees and on one side by a deep (approx 10') drainage ditch. In Fl, most drainage ditches contain snakes, including water mocassins. There is no fence between the playground and the ditch and if the kids try to play ball, around trees, they lose the balls in the ditch. They then try to retrieve them. We have tried talking to the manager of the complex but have been told that it is not their rules, but the management company. At this time, our children have no safe place to play. They can't even play outside our apartment in the grass or on the sidewalk as they are being considered too loud and a nuisance.

Do we have any legal grounds? Our lease states that "kids under 12 must be supervised by an adult in common areas." It also states that the common areas are for the enjoyment of all residents. Our children are residents and are not allowed to enjoy the common areas. We supervise them and they are still not able to play.

Please advise!

Frustrated Parent of Depressed 9 & 11 yr old
<HR></BLOCKQUOTE>

You have a valid point. I suggest you set up a meeting with the management company to discuss your concerns. Take as many parents with you.
I have beenin ditches in Florida and have never seen a snake. A few gators maybe but no snake.
 
T

Tracey

Guest
The lease says the residents get ot use & enjoy the common areas, but that kids have to be supervised. So, have a parent outside "supervising" from a lawn chair. One of the features of an apt complex that allows kids is noise. L can't expect the kids to be as quiet as a retirement comminuty. If the neighbor wanted quiet, she shoudl have moved into an adult-only complex.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!
 

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