March 2010  reprinted with permission, Richard Thompson, www.regensis.net

Question: Our HOA board has enacted a skateboard ban from sidewalks and streets due to safety concerns. After notifying homeowners of the new rule and penalties, a small group hired a lawyer to fight it citing discrimination against families with children. (The rule describes a specific activity and does not target children.)Other area HOAs have enacted similar bans but our attorney warns it could be a 50/50 chance of winning in court. I understand the risks and think we have a better chance than that of winning.

Answer: Skateboarding is not a suitable or safe activity for the street, parking lots or sidewalks and is commonly banned by city ordinance so the HOA has some powerful allies. And skateboarding is certainly not limited to children. Some of the most extreme and dangerous skateboarding is done by men in their twenties and older.

Your lawyer states the obvious: once a matter goes before a judge, it can go either way depending on how persuasive a particular argument is. But the reasons for this ban are reasonable and going to court is not cheap. Is this small group really willing to pay thousands of dollars to make its point? A threat to sue is not a reality. Until it becomes a reality, the board should enforce this rule. If a real lawsuit develops, the board can always negotiate some compromise.

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Published: February 24, 2010
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