Arizona HOA prohibits "recreation" aka kids in grassy common area - is this allowed?

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Arizona HOA prohibits "recreation" aka kids in grassy common area - is this allowed?

Submitted by Anonymous on Thu, 06/26/2008 - 1:34am. HOA Forum

Our HOA recently decided that the grassy common areas in our neighborhood, which are also the water retention areas (in case of flooding) can no longer be used for "recreation" by which they mean kids playing. Apparently still allows are adults walking their dogs. The claim is that the kids are damaging the grass.

Can an HOA basically discriminate against kids? They have no specific proof the kids are damaging the grass and have never come directly to parents with a complaint.

This decision was made by the board and is new to our 10+ year old HOA. Up to now there were no rules like this and there is nothing in the CC&Rs that specifically has this rule.

Any advice?

Thanks.

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Let them play what is the

Submitted by Bondo on Sun, 08/03/2008 - 8:39pm.

Let them play what is the HOA going to do?

HOA rules specifically rules limiting what you can and can't do in a development are tough for the HOA to enforce. Remember anyone can make laws or rules the power is in if you can enforce them. I talked to my lawyer about something similar when we moved in. He said basically they can ask you not to let your kids play there, then they can send you a letter, maybe a second letter, then they could take you to court where the judge could tell you that your kids can't play there. Still if they play there they will have to take you back to court where maybe a judge will find you in contempt of court and may fine you.

Just make sure your HOA cannot fine you directly for rule violations. And watch your kids. I wouldn't want some kid hating jerk to get rough with your kids.

This could be fun to to play with. Get your kid a dog and give him power of attorney from you to walk it. Or with the power of attorney let them "PLAY" in you absence.

Really has anyone come to the realization that the area is a flood plane and is really meant to get damaged.

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Just let them play, what do

Submitted by Highway on Tue, 08/05/2008 - 12:17pm.

Just let them play, what do kids know about HOA rules..it's not going to look good in the press if the HOA decides to take action, and as Bondo states it's a flood plane.

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