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Old 04-25-2010, 09:09 AM
 
Location: Albany area
198 posts, read 592,645 times
Reputation: 133

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Is an apartment complex that rents to families with children required to provide a safe play area somewhere on the property?

We live in a complex that does not. There are many children of all ages living here. The only play areas are small courtyards between some of the buildings. These courtyards are also common areas for tenants to sit outside, etc.
It is common for there to be groups of 10 to 15 kids playing tag or whatever.
The kids are not being unusually loud, just typical playground noise.

Recently, some tenants (probably newer ones) have been complaining about the kids making too much noise. As a result, the rental office manager has warned parents that the kids will have their pool priviledges suspended if the complaints continue. The only other place for the kids to play is in the parking lot, obviously unsafe.

Two questions:

Are the owners of the property required to provide a play area if they rent to families?
And, is it legal for the office manager to suspend pool priviledges considering that this is one of the amenities that we pay for?

In talking to other parents, this has been an ongoing problem here which apparently causes a high turnover rate of tenants.

Last edited by wanderlost; 04-25-2010 at 09:10 AM.. Reason: spelling
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Old 04-25-2010, 10:16 AM
 
Location: St Thomas, US Virgin Islands
22,477 posts, read 27,048,543 times
Reputation: 23028
Quote:
Originally Posted by wanderlost View Post
Is an apartment complex that rents to families with children required to provide a safe play area somewhere on the property?

We live in a complex that does not. There are many children of all ages living here. The only play areas are small courtyards between some of the buildings. These courtyards are also common areas for tenants to sit outside, etc.
It is common for there to be groups of 10 to 15 kids playing tag or whatever.
The kids are not being unusually loud, just typical playground noise.

Recently, some tenants (probably newer ones) have been complaining about the kids making too much noise. As a result, the rental office manager has warned parents that the kids will have their pool priviledges suspended if the complaints continue. The only other place for the kids to play is in the parking lot, obviously unsafe.

Two questions:

Are the owners of the property required to provide a play area if they rent to families?
And, is it legal for the office manager to suspend pool priviledges considering that this is one of the amenities that we pay for?


In talking to other parents, this has been an ongoing problem here which apparently causes a high turnover rate of tenants.
No. Yes.
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Old 04-25-2010, 10:41 AM
 
Location: Seaford, Delaware
3,360 posts, read 10,442,961 times
Reputation: 2202
Agree with the above answer. Very short and succinct. If there was no play area when you moved in, what changed that should make it a requirement now? Is it in the lease? Read the lease. The pool regulations must be followed or be ejected from the pool. Rules are rules.
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Old 04-25-2010, 10:55 AM
 
Location: Albany area
198 posts, read 592,645 times
Reputation: 133
The lease says kids are allowed to play in the common areas, the courtyards. And I did ask about that before we moved in. But, recently some tenants are complaining because they don't like the noise. IMO, those tenants should have read the lease where it stated that the kids can play there. You can't expect a group of kids playing not to make any noise. Like I said, it's typical playground noise.

The pool suspension is in no way related to violating pool policies, but as a punishment for the kids making noise when playing in the courtyards.
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Old 04-25-2010, 11:07 AM
 
14,199 posts, read 26,341,715 times
Reputation: 8357
More than a few Landlords have removed all play equipment due to liability concerns. At one property, a child was injured as she walked in front of another child on a swing and a lawsuit was filed claiming the Landlord did not provided proper supervision of the play area.

So much of what happens is a result of liability issues... in my case it resulted in a no dog policy and my insurance company actually visited several of my properties to verify.

Several buildings have also removed exercise equipment because of insurance issues... all it takes is one large settlement case.

Renting near a park or school may be something to consider in the future... although the local schools are locking their play areas after school hours... liability issues.
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Old 04-25-2010, 01:00 PM
 
6,764 posts, read 13,955,347 times
Reputation: 4476
We don't have any play areas for kids. If you have a patio which leads into a backyard, your kids can play there. If you have a balcony apt you are SOL.

So, what we have is kids (teens) playing in the parking lot. Some play tennis or baseball or soccer (usually it's the same 2/3 kids) and they get dangerously close to people's cars. They also play in the pool area, but as 'tenants' they are entitled. They are also often hanging around the clubhouse area, destroying property and littering because they have nothing else to do. It is off putting for the adults who want to swim or work out to deal with (mostly teen boys) horsing around, but again, what are they supposed to do?

We also have people who let their under 5 year olds wander around in the front of the parking areas. People drive very quickly (mainly there are singles and unmarried people without kids here).

I keep wondering when someone is going to get plowed down. It wouldn't be a big deal for places just to have a lot or some sort of blacktop where kids could play soccer away from the lots.

Like the dog issue, I guess having play areas for kids HAS been abused. So landlords can't be bothered dealing with it anymore.
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Old 04-28-2010, 08:39 AM
 
2,148 posts, read 2,368,969 times
Reputation: 2083
Wondering why the tenants who are complaining moved into a place that allows kids? Obviously they could see that the place offered no place for the kids to play and should have known once warmer weather comes along that they would be hearing kids outside. I just don't get some people
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Old 04-28-2010, 10:01 AM
 
4,806 posts, read 12,058,471 times
Reputation: 4581
No, the landlord isn't required to provide entertainment for your children, in the form of a playground or anything else.

No, just because the lease says children area allowed to be in certain areas doesn't mean they are allowed to make as much noise as they want.

No, just because children are allowed to live in the complex doesn't mean everyone else has to put up with your children disturbing the peace and quiet of their home all the time. This goes for other tenants with kids and without.

No, playground-level noise is not acceptable in a home. Playgrounds are zoned public use and as such have higher acceptable decibel levels. Apartment complexes are required to fall within the regulated decibel levels of residential properties. And the LL is required to enforce those regulations.

No, just because you paid for an amenity and then abused it doesn't mean you have a 'right' to keep using it.

No, the world is not your kid's jungle gym.
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Old 04-28-2010, 01:03 PM
 
14,199 posts, read 26,341,715 times
Reputation: 8357
Quote:
Originally Posted by NEOhioBound View Post
Wondering why the tenants who are complaining moved into a place that allows kids? Obviously they could see that the place offered no place for the kids to play and should have known once warmer weather comes along that they would be hearing kids outside. I just don't get some people
Discrimination against families with children is illegal... except in very narrowly defined housing that is classified for seniors...

You cannot NOT allow children.

Last edited by Ultrarunner; 04-28-2010 at 04:11 PM.. Reason: typo
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Old 04-28-2010, 03:10 PM
 
Location: Boise, ID
5,565 posts, read 10,898,943 times
Reputation: 4979
Quote:
Originally Posted by Ultrarunner View Post
Discrimination against families with children is illegal... except in vary narrowly defined housing that is classified for seniors...

You cannot NOT allow children.
I was just going to say that. There is no "complex that allows kids" or "apartments that rent to people with kids". Your question would have to be changed to "do rentals have to have play areas" and the answer is no.

Pool privileges should only be able to be revoked if pool rules have been broken, unless it is otherwise stated in your lease.

As for the play noise, that falls to whether or not the complex has a noise rule, and whether the city or county does. The most strict of those is what needs to be followed. In my area, it is legal to make that level of noise during daytime hours. I've seen some complexes that say that noise should not be audible from within any apartment with doors and windows shut. Look up both sets of rules and that will give you your answer.
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