Can Gated Communities Set Their Own Curfew?

I have never heard of something like this. You should talk to a lawyer about it. I would be so pissed.

ETA: the issue here is that a curfew that is more strict than a city ordinance is age discrimination. An HOA can say that you can only paint your house these 5 colors, but they can't say that families with children have to abide by different rules and pick from only two colors. They can say that no one can use the common area for recreation, but they can't say that only adults can use a common area for recreation, etc. Families have rights to housing, and an HOA can't make them give up reasonable freedoms such as the right to enjoy their property or come and go as they like in order to obtain housing just because they have children.

Original: It doesn't matter what your HOA says, it is a violation of the Fair Housing Act for an HOA to enact a curfew that is more strict than the one your city imposes. This is discrimination against children and families with children. Do some research on this, print off what you find (a quick Google search of HOA, fair housing and curfews should yield info) and talk about it at your next HOA meeting. The HOA might not understand that they are exposing themselves to a lawsuit and might reasonably respond and back off on the kid police. If they don't, contact your state's attorney general for information on how to file a discrimination complaint.

JB's right on target with this one. Further I would probably tell the golf cart riding manager that he is no longer allowed to speak with your children. If he needs to communicate with them it needs to go through you. Frame it as he's a grown man riding around at night stalking children because that's exactly what he's doing.

I've never heard of anything like that. It sounds like a power trip to me.

My daughter's condo is a gated community with a big HOA presence and there are no such rules there. Most of the 125 units are owned and lived in by seniors or newly wed couples. Very few children live in the complex but there's a lot of grandparents who are involved in the children's lives.

My community has an HOA that is pretty strictly run but I don't have issues with it because the rules tend to keep the place nicer as in ... owners keep cars in garage or driveway, no routine street parking, no boats, RV, etc... We don't have through traffic so eve though our neighborhood is large, you recognize who belongs here really fast when walking on trails, sidewalk, etc. I don't mind the fees I pay in order to keep my property value up.

Our city has the 11 pm curfew and I've never heard of an HOA with curfew. I'd check out the fine print in your bylaws.

Geesh it doesn't really get very dark here until 8:30ish. Children are encouraged to be outside and active vs inside.

I hope you find answers. That sounds very inflexible and too
Much policing by HOA. Who has that kind of time on their hands!!!

Read what JB posted. She's correct.

They may be kids, but they are still protected by the Constitution. They have rights. And the only time a curfew is legal is when it's imposed by the government. A HOA is not part of the government.

ETA: I see where other posters are going with the statement that the HOA cannot enforce more restrictive rules than the government regarding curfew - very interesting, I see that argument as well. However, I'm wondering how accurate it is. The government cannot (generally - restricted waterways and other historic sites would be exempt from this) tell you what color to paint your home or what kind of mailbox to have. However, due to the contract you signed, and the very nature of the purpose of an HOA, the HOA can dictate both of those things. They can also control how you enjoy the HOA amenities. Now they cannot obviously infringe on personal rights, nor violate the constitution. But it begs the question on how they can handle curfew situations and whether or not they are enforceable. You will definitely have to let us know how this all pans out! Perhaps seeking legal counsel to determine enforceability would be warranted. If yourself and a few neighbors split the consult fee, it would be worth it :)

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First, it is important to know that while it is possible for them to have more stringent rules about something, they cannot have more "lax" rules. For example (extreme example), if the drinking age in your town is 21, they can make a rule (assuming you signed and agreed to it) that no one can consume alcohol, but conversely, then cannot make the drinking age 18. Make sense?

Second, I would be looking at what the HOA agreement specifically says regarding curfew, curfew enforcement, and curfew exceptions. For example - "in by dark"? Is that nautical sunset? Civil sunset? I mean, if they are going to get picky, shouldn't you? If every HOA manager is not enforcing the exact same time/all on the same page, then they are not enforcing a "rule" but rather subjectively choosing. What if a 16 yr old is coming home from a job? Or traveling from one home to another? Check how vague or specific the exact curfew rule is.

Third, I would want to know what the penalty is for breaking the rules. A written warning? Expulsion from the community? Pick up the naughty kids and turn them into trees (from an old show - I'm dating myself)?

Fourth, I would want to know the "code of conduct" of managers enforcing the rules. How are infractions handled? Are the parents approached first and held accountable for the child's behavior? Or is just publicly berating children on the street at civil sunset perfectly acceptable.

Finally, the HOA should have a board of directors (at a minimum) and perhaps even a community board made up of community members that works as a liaison between the community and the board. Find out the hierarchy and follow it accordingly, working from the bottom up voicing your complaints about the situation.

Other resources: The Secretary of State in your State lists all registered businesses and their registered agent. You can search where to send a letter to your HOA that HAS to accept mail on their behalf and present it to them. Also, every HOA I've worked with professionally has an attorney on retainer. Find out who that is so you know if you end up dealing with their legal counsel (sometimes they will present as an interested party rather than legal counsel).

Good luck - people choose HOA's for security and continuity to the community. No one chooses one that shames children in the street for enjoying the evening.

That makes no sense to me, if a kid is loitering, I could see their point, or if there are kids out on the street making noise, but if they are on their own property, I don't see the issue, especially if you, the parents, are nearby as well. I have lived in many condos, all of which have HOAs, and have never seen such a rule. Come to think of it, I haven't seen any rules specifically addressed at children versus adults, except saying babies must wear diapers in the pool and no floaties are allowed in the pool, but those things are pretty standard and common sense. This seems to be unreasonable though, and the result of a power trip. I'd check the HOA rules you signed when you moved in. Even then, I think you'd have a good case fighting it with an attorney that specializes in such issues, especially if they are not following the city-imposed curfew and creating their own. I don't see why anyone would side with them or find their behavior to be legal or necessary.

I am assuming your neighborhood has a home owners association with a set of rules you signed when you bought the house? If so that book of rules should have listen what any fines may be for violations etc. Consulting a lawyer to find out if they can really enforce these rules is another idea you could try.

Sounds like the managers are on a power trip. I would look at the fine print of the HOA. Give them hell at one of their monthly meetings. There should be nothing in there about enjoying the night on your own property. I would ask a lawyer for advice too. Its not like you are living in a 55 year old community where everyone is in bed at 5 pm.

Ugh, HOAs are the worst. What does your agreement say? I know it's hard to read all the fine print but this should be a main point.

I'd talk to a lawyer about it.
Be sure to record these community town criers so you can show the lawyer what you are talking about.
There might be some sort of by laws in the Home Owner Association which might be binding.
But it sounds to me like your community management is over stepping their reach.
If it were me and my kids/family were in our own yard - we'd be out star gazing and catching fireflies when ever we liked and management could go do something anatomically impossible to themselves.

It doesn't sound like this is enforceable, and the examples you've shared here suggest the HOA "managers" are clearly over-stepping, particularly when it comes to your child's presence on YOUR property. Are these "managers" members of your HOA board, or are they self-appointed neighborhood busybodies?

We live in a guard-gated community with a roving patrol, and while the rules here are quite strict for security reasons, I have never heard of anything like this.

As others have mentioned, dictating what colors you paint your home is vastly different than the HOA trying to set a rule that is stricter than city ordinance. HOA rules don't have more authority or weight than law in this matter.

I'd speak to the president of your board of directors as well as the head of your community management company to see who these people are that are attempting to "police" the neighborhood, and report the concerns you have about adults that are strangers to your children attempting to direct your children when they are on your own property. Any real community property manager would be very concerned about the legal implications of this behavior.

If you get no helpful response from your HOA board and the property management authority, it's time to talk to an attorney. There is no way any other adult can tell your child to get inside of the house, particularly with you standing there.

If it was in your HOA agreement and you didn't notice it or didn't read it carefully and chose to live there anyway, then yes, you've agreed with it. I will never live in a "gated community" or a neighborhood with an HOA. I have yet to hear anything good about them.