PROBLEMS WITH NEIGHBORS’ CHILDREN
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Conflicts and Nuisances It is true, conflicts and nuisances are common in buildings and communities where residents live in close quarters. Likewise, these issues are more common when there is excessive noise caused by children during the day. Kids are very spontaneous by nature, and this behavior makes it more challenging to try to control noise levels. Indeed, kids tend to play in the hallways and other common spaces while some parents fail to stop the nuisance.
NSCA Figures According to the National Society for Clean Air and Environmental Protection (NSCA), excessive noise levels force about half a million people to change homes every year.
HOW TO TACKLE THIS ISSUE? Before overreacting, it is important to tackle this problem by enforcing consistently and fairly the associations’ rules. This practice is useful to avoid the potential for the appearance or an accusation of discrimination. However, as a previous measure, you can opt for nicely asking their parents to control the situation. If your neighbor dismisses your claim, many professionals recommend providing a notice of a violation before making any drastic decision. However, it is essential to document what is said during your conversations to prevent the counterpart from taking advantage of the situation.
COMPLAINTS RELATED TO CHILDREN’S BEHAVIOR Community associations frequently receive nuisance complaints related to children’s behavior. Although state and federal fair housing laws protect residents from discrimination based on a person’s age, if an owner’s child or a guest’s child violates the association’s governing documents, the board can address that violation in the same way as if an adult committed the nuisance.
Property Damage Caused by Children
If an owner’s child damages your property, the first course of action in the case of accidental damage is to make a conciliatory approach to the child’s parents. On the other hand, if the child is old enough to understand their actions, you can technically hold them responsible for the cost of the damage. In the same way, when a conciliatory approach has not been successful, you can consider suing the parents of the child.
Finally, HOAs’ boards must deal with nuisances in the same manner as other violations in the governing document. Associations can impose fines and suspensions if governing documents provide for them. And these sanctions can involve restrictions about voting and using common recreational facilities.
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