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Thursday, May 24, 2012 | 11:38 p.m.

Updated: 8:05 a.m. Wednesday, April 27, 2011 | Posted: 7:00 a.m. Wednesday, April 27, 2011

HOA Delays Vote On Kids Playing Outside Ban

VOLUSIA COUNTY, Fla. —

The Homeowners Association in Volusia County was supposed to vote on Wednesday on a plan that would ban children from playing outside unsupervised.

But, WFTV found out that vote is being delayed.

Parents who violated the proposed rules would be fined $100 each time.

Some parents are upset because they feel playing outside is what children do, but other homeowners said it’s just unsafe.

Shonna Magee lives in the Persimmons Place Condo community, and said she recently received a proposed list of rules that would ban her two children, ages 8 and 12, from playing outside unsupervised.

“They're not allowed to play in the parking lot, parking spaces, rear or front of units, said Magee.

But the Homeowners Association said the rules aren't to pick on kids, they're to keep them safe.

Resident Barbara Miller said even though the posted speed limit is 5 mph, cars speed through the community.

“The children, they don't realize the danger that they're in,” said Miller.

Only nine of the 48 homes in the community have children, so the new rules would only affect 5 percent of the population.

Attorney Brad Petrino said although the case is unusual, it's not illegal.

He said HOA rules are similar to employee-employer contracts. He's even seen some HOAs ban children younger than 8 from living on the property.

“It’s sad to say most of the time the HOA gets its way in Florida, if most of the owners agree,” said Petrino.

The board was expected to vote on these new rules on Wednesday, but has not said when the vote will actually take place.

Parents WFTV spoke with said they may sue the HOA.

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