Fremont condo that didn’t allow kids to play outside must rescind rule, pay tenants $800,000
CBS San Francisco Bay Area
20 November 2017
FREMONT (KPIX) – Families in Fremont have scored a huge legal victory
after they sued their condo complex because it wouldn’t let their kids
play outside.
For years, kids were not allowed to play outside in the gated complex
located on Sequim Common, home to dozens of families. The homeowners
association, Silvertree Mohave HOA, had set up the rules, but now an
$800,000 settlement is forcing management to pay up.
Things got so bad for one homeowner in the complex, she decided to move her family to Brentwood.
“It was rough, it was a lot of harassment, it was a lot of limitations
for them not having a place to go to and play,” said plaintiff Domenica
Lewis.
Lewis said her two children, 7 and 10, were born and raised in their Fremont home.
She said notices were sent to all residents forbidding children under
14 from doing any sports activities — bike riding, playing outside or
skateboarding. The HOA said they were worried about everyone’s safety
within the community. The notices warned of fines.
Lewis says she received many fake threats and warnings from the Silvertree Mohave board members.
“Harassment, filming, video recording my kids, taking pictures of my kids,” she said.
The $800,000 settlement in the class action lawsuit was brought by
pro-bono council. Each member of a family will receive about $2,300.
The housing advocacy nonprofit called Project Sentinel investigated the
case.
“We felt that it was fairly clear discrimination when children,
families with children were told you gotta keep your children inside,”
said the non-profit’s executive director Ann Marquart. “They can’t –
they won’t be treated or regarded as everyone else.”
When the Lewis family petitioned to change the rules, they say they
were threatened with more fines. The settlement now requires the
homeowners association to rescind the rules.
As part of the settlement, the Silvertree Mojave HOA must also post
signs letting residents know that children can play outside, and
provide fair housing training for all board members.
In addition, the settlement called for two members of the Silvertree Mojave HOA board to resign.
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