COLUMN: Association overlooks kids' needs

Q. After several residents complained that our community lacked areas for children to play, the board said that a greenbelt area could be used except for baseball, softball or any game using an object that could injure residents or damage property.

Bikes, skateboards, scooters and rollerblades were permitted around the property's perimeter until such activities got out of hand, with ramps being set up and speed bumps being jumped, endangering drivers and pedestrians. The board has since prohibited skateboards and scooters, but the problem still exists. How can we resolve this problem?

A. Developers should consider play areas when building their neighborhoods. Other than swimming pools, many associations offer few amenities for youngsters.

Potential buyers with children or who anticipate having children need to seriously consider where they purchase their homes. They should also review the association's rules and regulations to determine how restrictive they are as they pertain to children. In addition, potential buyers should check the entire community and its surroundings for proximity to parks and playgrounds.

The activities you describe are generally not allowed in associations because of liability issues and the fact that often no areas exist for such activities. There have been lawsuits filed regarding this issue. In one case, parents sued an association because their child rode over a speed bump at night and was injured, and in another, an association was sued because a child on a bike ran into a pedestrian on a sidewalk.

No solution exists that will please everyone, but there are options. Assuming that a sufficient amount of land is available, is the association willing to invest in or convert a greenbelt area to a concrete area for skateboarding? Would parents be willing to sign a hold harmless clause as a requirement for allowing their children, as well as adult skateboarders, to use this area? Would parents be willing to pay an additional fee for someone to monitor youth activities and plan recreational activities?

If the association is unable to modify the common area, and if the parents are unwilling to fund special programs, then the board is in a no-win situation and must prohibit certain activities. If so, the parents and their children could meet with other parents and their children at a park to play.

Q. We've had problems in our clubhouse, ranging from empty beer bottles thrown about, cigarette burns in the carpet, and stolen food. On occasion, some teen-agers have been found sleeping inside. The board responded by cutting back the hours residents can access the facility. We've since had no problems. Is it legal for the board to limit access to 15 hours a day?

A. There is no state law that prohibits the board from changing the rules and regulations pertaining to clubhouse access. However, many associations have limited clubhouse hours, such as 5 a.m. to 11 p.m., included in their rules and regulations.

Unfortunately, when a few people abuse community property, it's the majority of the residents who suffer.

Questions for Barbara Holland may be sent to Association Q. & A., P.O. Box 7440, Las Vegas, NV 89125. Her fax number is 385-3759.

Barbara Holland, Certified Property Manager, is president and co-owner of H&L Realty and Management Co. She is a member of the Institute of Real Estate Management and is the author of two books on the subject. Holland is a past president of the Greater Las Vegas Association of Realtors.

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