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?

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:

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.