What to do if the rules and regulations of our HOA state that kids must play in the designated area but instead of enforcing the R&R’s the board is changing the rules?

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What to do if the rules and regulations of our HOA state that kids must play in the designated area but instead of enforcing the R&R’s the board is changing the rules?

I own a condo and in our rules and regulations children must play in a designated area, by clubhouse/tennis courts. People are complaining because kids are playing baseball by their cars in the street and on common areas around condos. Instead of handing out violation notices the board decided to change the rules. Is the elected board allowed to change the R&R’s without a vote of the homeowners? Plus, they are saying now the designated area for kids to play is in the streets, where cars are, we have no sidewalks. Isn’t this a liability issue?

Asked on April 10, 2012 under Real Estate Law, New Jersey

Answers:

Madan Ahluwalia / Ahluwalia Law Professional Corporation

Answered 9 years ago | Contributor

Your answer to this question will be found in the development's governing documents, which include the declaration and the association's bylaws.  These documents will list the board's powers, and should also include alternatives to overturning a board's resolution.


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