Kids playing football in front of Block -open area, no vehicle movement zone Kids playing football in front of Block -open area, no vehicle movement zone

7 months ago

Hi,
I am staying in Bangalore North in a reputed society. We do not have any playground for kids to play football. Yesterday, we have received a message from our Management Committee that our kids cannot play in front of the blocks ( it is no vehicle movement zone). Incase, they are found playing the ball will be confiscated and hefty penalty will be charged.
Please find the extract of message from him:
" Hello everyone,
Time by time there are increasing incidents of kids playing football at places where they should not be doing so.
And time by time it has caused conflict and situation where the ball has either hit residents or about to be hit, specially elders and pregnant ladies walking around.

Please note brigade has not provided us amenities for football, and we don’t have any place to do so, we know many will ask things such as converting golf putting to football field etc, but that is not easy and not cost efficient too.
Hence it’s a humble request please stop your kids from playing football inside the society and specially in front of blocks.

Security have been instructed for same, next time if it happens the football will be confiscated and there will be a hefty penalty on the flat.
Again humble request please do not wait for any major fatality to happen we all want to live in safe environment and do not want to get any one any kind of injury or a situation of mishap.
Thanks"
As far as I know no fatality has happened .
Please let me know:
1. Can the society management can impose such kind of rules ?
2. Is it legal for the management to prohibit children from playing?
3. What would be the most appropriate means to handle this situation?
4,. Do we have any rule book in which

Thanks and Regards

Legal Counsel Vidhikarya

Responded 7 months ago

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A.Dear Client,
A circular or notice made by the Society after a resolution passed on a vote of the majority in a duly convened meeting of the MC/EC following the provision of Byelaws of the Society and considering common safety and security of all the residents of the Society and the same is applicable on all the residents equally. Being a resident member of the Society you need to abide by the said circular of the Society which is essentially required for peaceful co-existence in a housing complex. You may jointly and collectively approach the society for a review of the circular and for an alternative arrangement for the children to play.
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Anik

Responded 7 months ago

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A.Dear Client,
Some general insights into this situation:

Rules and Regulations: Many housing societies have rules and regulations in place that govern various aspects of living within the community. These rules are typically formulated and enforced by the society's management committee or residents' association. These rules can include guidelines for common areas, safety measures, and conduct within the society.

Prohibition on Playing: It is not uncommon for housing societies to have rules related to activities like playing football or other games in common areas. The intention behind such rules may be to ensure safety, prevent property damage, or maintain peace and quiet within the community.

Legality: The legality of such rules depends on several factors, including the society's bylaws and any local or state regulations that may apply. In many cases, housing society bylaws are legally enforceable within the community. However, these rules must be reasonable, not discriminatory, and should not infringe upon basic rights.

Handling the Situation: If you believe the rules imposed by the management committee are unreasonable or unfair, you may consider the following steps:

Review Society Bylaws: Obtain a copy of the society's bylaws and review them to understand the rules and regulations that apply to common areas and activities within the community.

Engage with Management: If you believe the rules are unjust or need modification, consider discussing your concerns with the management committee or residents' association. Open dialogue can sometimes lead to a resolution or compromise.

Legal Advice: If you believe the rules are illegal or overly restrictive, you may seek legal advice to understand your rights and potential courses of action.

Collective Action: You can also work with other concerned residents to collectively address the issue. Sometimes, a united front can have a stronger impact on decision-making within the community.

Alternative Play Areas: Explore whether there are alternative spaces within or near the society where children can safely play, which might be more acceptable to the management.

Ultimately, the resolution of such issues often depends on the specific rules and dynamics within the housing society.
Thank you.
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