Community E-ssentials

June 2004 NUMBER 31   Volume 3 Issue 7  
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CONTENTS
Catch Them if You Can: Collecting Delinquencies Hinges on Service of Process
The Problem With Pet Enforcement
Playground Rules
Q & A
Playground Rules

As the days become longer and children are let out of school for the summer, it is the perfect time for associations to revisit their playground rules. It is important for associations that provide a common area playground to set some ground rules to avoid injury and reduce the association’s exposure to liability. In drafting your rules, the following are some helpful tips to follow:

 

  • Require adult supervision. This rule, however, must be specific as to the safety reasons for the rule in order to avoid possible familial status discrimination claims under the Fair Housing Act. Without a valid safety reason for such a rule, it could be seen as discriminatory against children.

 

  • Include a disclaimer that those using the playground equipment do so at their own risk, although the association is still responsible for the basic safety of the playground equipment.

 

  • Set reasonable hours for playground use, and restrict use of the playground when it is wet or icy.

 

  • Limit the use of the playground to members of the association, residents of the community, and accompanied guests of members or residents.

 

  • Depending on the type of playground equipment and the manufacturer’s instructions, it may be necessary to ban older and bigger children, possibly based on a maximum age, height or weight. Again, it is important to state the specific safety reasons for such a rule, especially if based on age.

 

  • Prohibit the improper use of the playground equipment, such as standing on swings or walking up the slide.

 

  • Ban bad behavior, such as rough housing, shoving and fighting.

 

  • Prohibit the use of in-line skates, skateboards, bicycles and similar equipment in the playground area.

 

  • Require that pets be kept out of the playground area. Not only can pets pose a physical danger to kids using the playground, but they may be tempted to use sandy areas in the playground as their own litter box, causing health concerns.

 

  • Do not allow food or drink in the playground area. This can lead to trash problems, sticky equipment and risk of injury from broken bottles.

 

  • Reserve the right to bar children who do not follow the rules from using the playground.

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Community Associations Institute
The Community Associations Institute (CAI) is a nonprofit organization that provides education and resources to community associations. To find out more about CAI visit www.caionline.org
 
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Published by Orten & Hindman, P.C.
Copyright © 2004 Orten & Hindman, P.C.. All rights reserved.
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