Page 19 - New England Condominium May EXPO 2019

NEWENGLANDCONDO.COM NEW ENGLAND CONDOMINIUM — MAY 2019 19 at the idea of owning the unit closest to a a partner at law firm Cervantes, Chatt & noisy, boisterous play area. “The person in Prince P.C., in Chicago and Burr Ridge, 1A or wherever did not sign up for that Illinois. “Raising children in the condo- when they moved in,” Pyrros notes. “Why minium setting is more of a challenge for should they have to deal with the added parents, as children have a lot of energy noise now?” Common spaces can be grounds for dency is for parents to hope an association quarrels as well. As Dawn Dickstein, Presi- dent of MD2 Property Group in New York conflicts arise, an association is charged City, notes, a playroom is clearly intended with managing the property for all owners for children. But something like a gym or – including those without children. And fitness room is not only adult-oriented--it that requires the interests of all owners to can be dangerous for kids to play in, even be taken into account.” with supervision. Dickstein recommends setting firm rules for who may use com- mon areas like gyms and fitness rooms, about noise coming from a neighboring and even fining parents who don’t com- ply. “Restrictions pertaining to guests of a banging, jumping, running, toys being child or their family should all be incorpo- rated in the house rules,” she adds. Of course, playgrounds and rumpus Marcus, Errico, Emmer & Brooks, which rooms aren’t the only ways a community has offices in Massachusetts and New can make its young- est members feel welcomed and in- volved. Kid-friendly programming can be a great way to build neighborly spirit and help residents con- nect with each other – no monkey bars re- quired. “I’ve seen par- ties for Halloween, other holidays, tree- trimmings... various events that are catered toward children,” Dickstein says. “It all depends on the com- position of the building, and the tone that most boards want to help by taking action. the board wants to set for residents. It also depends on the involvement of volunteers with children can attest,” he continues, within the association, and what they are “all of the aforementioned behaviors are authorized to plan for residents and their normal, even typical, for children. And as kids.” Playtime Prohibition? While the safety of every child residing become mini-adults just because they live in an association property is paramount, in multifamily housing. In fact, they are boards are also under fiduciary duty to generally protected – and a board can face consider the liability concerns that could discrimination charges if it tries to force result from any sort of mishap. Even some- thing as seemingly minor as a kid making dards that may be reasonable to apply to a lot of noise in their own unit could be adults. For this reason, boards should not perceived as infringing on another resi- dent’s quality of life, and lead to acrimony assumption that just because someone is – and even litigation. “With typical suburban townhome or be dealt with. That is true even if there is community-style associations often there’s noise that might be unreasonable if it was an open area, or perhaps actual parkland, being made by an adult.” or an amenity like a swimming pool that gives parents and children options for ior of children, responsibility ultimately play and activities,” says William O. Chatt, and less options for play. While the ten- considers the youth of an offender when “These things usually start with a resi- dent complaining to the manager or board unit, and the complaints typically include dropped repeatedly, yelling, screaming, et cetera,” adds Mark Einhorn, a Partner in Hampshire. “If someone is trying to sleep, or there is substantial noise transmission be- tween units, there is no doubt that can be disturbing or bothersome, and even become a nuisance to the person on the re- ceiving end. Upon hearing a resident describe issues that would bother them should they be subjected to it, “But as anyone who is at all familiar the courts have held in many cases across the country, children are not required to families with children to conform to stan- react to a resident’s complaints with the bothered there’s an infraction that must When it comes to regulating the behav- “Any rule or regulation that targets children spe- cifically should be closely examined. A rule should not prohibit children from playing, or prohibit their toys in the common areas.” —Mark Einhorn continued on page 40 www.RiskStrategies.com Specializing in Insurance and Risk Management Services for: For more information Contact Thomas Shields | Producer E: TShields@risk-strategies.com P: 781-961-0314 A: 15 Pacella Park Drive, Suite 240, Randolph, MA 02368 Bernie Gitlin | Executive VP E: Bgitlin@risk-strategies.com P: 781-961-0330 C ondominiums C ommunity A ssoCiAtions HoA C ommunities C ooperAtives See us at Booth 302