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Kids in Parking Lots
A Quick Look At Safety And Fair Housing Rules
By Ellen Schuster, Esq.
THE IDEA OF kids playing in parking lots makes directors and managers wince – and for good reason. The potential for injury evokes concerns about safety and association liability issues. But boards must balance these concerns with restrictive rules that may violate fair housing laws.
Like landlords, associations have the duty to protect residents from foreseeable risks of harm. Frances T. v. Village Green Owners Association (1986) 42 Cal.3d 490.1
It is foreseeable that people – especially children – who play in areas where cars are driving may be hit and injured by a car. This means that the association may have a duty to protect people from the risk of being hit and injured by a car. To meet this duty, many boards adopt rules prohibiting play or recreation and requiring children to be supervised by adults when in common area parking lots. Sounds simple enough, right?
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