Associations are not required to provide play areas or special facilities for children. However, if playgrounds are provided, they must be safe.
Assembly Bill 1144
was signed into law in 2006 and became effective January 1, 2008. It put into effect Health & Safety Code §115725 et seq
, which addresses the safety of playgrounds, including those in common interest developments with playgrounds accessible to the public. Section 1.3 of the Public Playground Safety Handbook
seems to include all HOAs, not just those with playgrounds open to the public.
: Associations with playgrounds, including those not open to the public should take steps to keep them safe at all times. Playground equipment should be regularly inspected and maintained. All
safety hazards should immediately be repaired per manufacturer
specifications. All surfaces
should be kept clean and safe. Because the applicability of playground statutes to homeowner associations is unclear, boards should consult legal counsel on how closely they should follow Public Playground Safety guidelines.
: Associations needing legal assistance can contact us
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