Dispute over shared area in development.

BooBooTwo

Scenario is this;
small development has a shared enclosed courtyard, accessable by all 30 units. Courtyard is bare, no planting or such. Children of the development play outside in this courtyard, supervised by parents.
Management company (not agent) issue notice that other residents do not want children playing here, and ban children, citing insurance as main reason.

As block insurance and liability insurance is in place, and resident children only play here, supervised, I think insurance issues are not relevant. Is it not reasonable for children to play outside their own back doors?

So;
1) can directors issue such a ban without consulting members? No specific rules exist for the development, only standard mgt co contract signed on buying.
2) If members vote, can a majority force a ban, or would unanimous agreement be needed?
3) what if 1 of the 2 directors of management company disagree, can they refuse the vote or over-ride?

Any advice appreciated.

Paulw

When you say the area is bare, is it tarmac, gravel, grass, etc? If it is not properly finished, then they are within their rights to issue such notice, especially if there are any safety issues.

In many developments, while being built, such an area would be used to dump - blocks, bricks, wood, scaffolding bits, etc. If it is not properly cleared and landscaped (proper soil and grass), then it could be a concern.

But, if the area is properly finished, then they cannot (I believe) issue such a notice. The area is for all to use.

BooBooTwo

It is finished, it just doesn't have any plants/grass/etc that people could argue was vulnerable to damage to children. It has paving stones and is a nice sunny spot to play in, where they can be supervised from the back door.

Paulw

Maybe the concerned parents should get together and consult a solicitor.

I doubt there are any specific grounds that the directors can ban children from using the area.

You could write to the directors and ask them to provide specific details as to why they are making their decision, and ask for them to provide a letter from the insurance company stating their concerns.

I doubt the directors have the right to issue such a ban though, but you should really consult a solicitor.

Carawaystick

check your lease first. if that says the area is for the use of the residents, then just quote that term.
If you don't care about your complaining neighbours, you could get some adults to play the games there instead....

I'd also ask for a copy of the insurance policy highlighting the issue. if the insurance policy covers children playing ( and it probably does) then the management company have not completely been truthful. This may have repercussions on the directors personally.

BC

Agree with Carawaystick - check your lease. If its in that then it can be enforced. If its not then (AFAIK) the directors must get every member of the mgmt company to agree to adding it as a rule.

antoinolachtnai

Usually there is a clause that allows setting of house rules. This would probably not require the consent of everybody.

I would be somewhat concerned with the legality of such a rule. It would seem to be needlessly discriminatory against people with families and against children in particular.

They could probably make a noise rule.

Is there a noise issue?

BooBooTwo

I suppose the issue with a noise problem is that one persons "children having fun" is anothers "ridiculous noise disturbing the peace"

Personally I think a compromise is in order; set times outside of which children are not allowed in common areas, sensible noise restrictions etc etc.

I don't see how a ban can be enforceable anyway, and if unreasonable rules are summarily proposed they will be ignored, whereas sensible regulations should be adhered to and help everyone?

Victor

BooBooTwo wrote: »

citing insurance as main reason.

Then get insurance and install rubber matting.