Bicycles & Skateboards
Associations may not prohibit children from playing, skateboarding, or riding bikes or scooters in driveways or other areas. Federal and California courts have applied anti-discrimination laws to community associations, prohibiting discrimination against families with children unless there is a legitimate health, safety, or business reason for doing so. Any rule that singles out children may be considered discriminatory. A rule prohibiting children from roller skating or riding bikes in the complex would be considered discriminatory. (See U.S. v. Plaza Mobile Estates)
A rule prohibiting everyone (of all ages) from roller skating or rollerblading in the complex has a better chance of surviving scrutiny — but not necessarily. In a 2003 case, Housing Rights Center v. Rivera Town Homes, #CV 02-5163PA (C.D. Cal. Feb. 2003), seven families sued their condominium association, alleging discrimination based on familial status because the association prohibited children from playing in the common areas. The Federal Court ordered the association to pay $130,000 in damages and to repeal its rules against children. In addition, the association agreed to a two-year anti-discrimination training program for its staff, management company, and board members. Examples of discriminatory rules include the following:
- Children cannot loiter or play in the lobbies, hallways, stairways, atrium, or elevators. (Presumably, adults can loiter and play in these areas.)
- While in front of the building, children must be well-behaved and not disturb other homeowners. (But it's okay for adults to misbehave and disturb other owners.)
Rules restricting skateboarding, rollerblading, and bicycle riding may be applied to specific areas that represent a threat of injury or damage, such as (i) indoor hallways due to damage to carpet and potential injury to owners exiting their front doors (provided it applies to everyone), (ii) parking structures (potential injury from traffic and potential damage to parked vehicles), (iii) around swimming pools, and (iv) blind intersections.
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