Boston, MA asked in Land Use & Zoning and Real Estate Law for Massachusetts

Q: HOA not being reasonable about children living in the condominium. Using Fines, and other methods, to restrict play...

We own a condo with an HOA, we have two children ages 2 and 5 (one who has developmental delays and is a little loud at times.) The HOA, siting numerous complaints from several neighbors (who they do not identify), fined us for violations that directly/indirectly are due to children living and playing around the condominium. One rule that was specifically created after we moved in, prohibiting using any ride-on toys outside, or using them in common areas. Other fines have been mostly about children toys/stroller left next to the door. Note: This condominium has no boardwalks, or children safe zones, so once they are out - everything is a parking lot, and a common area. I tried to arrange a meeting with them, but they are not returning my emails, avoiding it. Other residents are not getting fines for similar complaints. It seems we are being singled out because of children. Is there any legal ground on which to bring a suit against the HOA. Is it worth it?

1 Lawyer Answer
Ali Shahrestani,
Ali Shahrestani,
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in Massachusetts

A: Have a lawyer review the terms of your HOA agreement and specific facts of your dispute. I handle such matters. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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