Information Regarding Rules and Regulations and Discrimination Issues

 
By Hart, King & Coldren

Avoid discriminatory regulations:

  • You may prohibit games (in the park streets and elsewhere) which could cause property damage (baseball, football, or soccer), but outlawing all games (such as skip rope and hopscotch) would be discriminatory.

  • Look out for any rule that limits a child's activities or access to recreational facilities. Any rules which restrict on the basis of age are suspect.

  • Noise restrictions should be limited to "unreasonably disturbing noise", rather than "quiet hours".

  • Restrictions on the number of days a "guest" may visit a resident do not apply to children of park residents, since the child(ren) of a divorced father may visit their father for extended periods of time throughout the year. However, if a seniors' park has a minimum age for additional residents (other than the one resident 55-years of age or older), then the guest rules should limit the stay of underage persons (except as provided by Civil Code $798.34).

  • Restriction on use of the park's streets may be questioned.

  • Make each homeowner responsible for all occupants of the homeowner's mobilehome and all guests.

  • Curfews for children are not permitted, although several municipalities have adopted curfews. Rules should require residents to adhere to federal, state and local laws.

  • Rules which require adult supervision of children cannot require parent supervision.

  • Only have regulations you intend to enforce. Do not become responsible for unenforceable or unreasonable rules.

  • Outright prohibition of baby-sitting or child care not a good idea. Child care and foster care are considered in the best interest of the citizens of California.


To qualify as 55-or-older status, a housing facility must publish and adhere to policies and procedures that demonstrate intent to operate as housing for persons 55 years of age or older [proposed HUD regulations; 24 CFR Part 100.306].

  • Must publish community status designation in rules and regulations.

  • Include community status information in advertising, brochures, and leases.


Enforcement of rules:

  • Do not have or try to enforce "unwritten rules" (such as, "we have always allowed adults to use the swimming pool in the morning and children in the afternoon").

  • If adult supervision is required, then do not demand that a "parent" accompany a child.

  • Any "responsible" adult will qualify; sometimes a teenager would also suffice (such as, a baby-sitter or older sibling).

  • You cannot require parents to always supervise and/or accompany their children when the children are outside of the mobilehome.

  • "Parental Supervision Agreements" may be considered disguised discrimination.

  • Do not enforce rules inconsistently. If the "bad" children of Space 1 are not permitted to skateboard in the park (and skateboarding is prohibited in the park's rules), then the "good" children from Space 2 should not be allowed to skateboard in the park.

  • Make parents and other residents responsible for children.

  • State in a newsletter to homeowners that, when operating vehicles in the park, all residents must be aware of "pedestrians" (which includes children as well as older residents).

  • Consider posting a "Kids At Play" sign to alert motorists.

  • Do not arbitrarily restrict access to facilities for problem children.

  • If the children are in violation of the general rules for the facility, then a "friendly warning" or seven day notice should be sent to the homesite.

  • Let the family handle the problem and work out a solution.

  • As with any other violation, have other residents submit written complaints with specific information. Any subsequent action is on behalf of the residents of the park, not just the manager.


Be careful when preparing written notices:

  • Do not issue warnings, notices and/or reminders to parents which contain illegal or discriminatory language.

  • Unsubstantiated allegations of conduct violations by a child may indicate that the manager is engaged in discriminatory behavior.






© 2000  Hart, King & Coldren

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