Fairness and Consistency in Rule Enforcement

When children are out of the school in the summer months, they may be occupying the community grounds and common areasĀ  more frequently. Often times, complaints from residents may increase during the summer months regarding noisy or unsupervised children. We need to remember to always be fair and consistent when dealing with any resident. Although it may seem natural to implement rules to try to control conduct, it is illegal for apartments to have rules which prohibit children from playing outside, riding bikes, playing with toys, laughing, screaming or having fun.

The only time that an apartment community can make rules specifically for children is if there is a potential danger, and the rule isn’t too broad. For example, it would be okay for an apartment to have a rule that says “No Children Under 5 Years of Age in the Pool without a Parent”. This rule is reasonable and protects the child. However, it would be illegal if the rule were “No Children Under 17 Years of Age in the Pool Without an Adult”. This rule is much too broad, as some children under 17 might not need assistance.

Safety issues can arise when children are playing or riding their bikes in the parking lot or on pathways. It is illegal to post a sign specifically prohibiting children from riding bikes in the parking lot, but you can ask that all resident refrain from that activity.

Please remember that no matter how the rule is phrased, consistency in rule enforcement is important. Please contact your supervisor if you have questions.

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