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Jmaxxsmama, Home Seller in Las Vegas, Las Vegas,...

How can you find out if the streets in a gated summerlin community are public or private?

Asked by Jmaxxsmama, Las Vegas, Las Vegas, NV Sat May 26, 2012

HOA is attempting to regulate children playing in the streets...saying they can't and we will be fined. This is not I our CC&Rs.

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Answers

6
If it is inside a gated community, the streets are owned by the association. If there are other people who have children in your association, you all might want to go to your association meetings and participate in setting the guidelines for the usage of the common property.

Mike Pristow, Donna Hodge & Associates
2230 Corporate Cr. #250
702-604-1001
1 vote Thank Flag Link Sat May 26, 2012
I agree with the idea that you should speak to an attorney, but there are "rules of the road" allowing for police intervention whenever traffic is impeded, (gated community or not).

Another NRS that might be applicable here is NRS 432B.140 titled, “Negligent treatment or maltreatment.” Basically it says that, (and I am paraphrasing), ‘Negligent treatment or maltreatment of a child occurs if a child is without proper care, control and supervision or lacks the care necessary for the well-being of the child because of the faults or habits of the person responsible for the welfare of the child or the neglect or refusal of the person to provide them when able to do so.’

Now, I am a real estate agent (and certainly not an attorney), but I think I could make a reasonable argument that whenever you allow for young children to play in the street where it is expected that 2 ton vehicles will be driving (and believe it or not; sometimes at unsafe speeds), and the potential for one to come into contact with the other can occur; the welfare of the child could be put a risk.

Speaking as a parent, I have never let my child play in the street, because I don’t trust Las Vegas drivers. They are amongst the worst in the WORLD from my point of view, but maybe others feel different. In any event, maybe you should check with Child Protective Services before you get too aggressive at litigating this one. I mean, just to be “safe,” (he-he). You don’t want to get all fired up about suing your HOA just to find yourself defending on another front, (that is Family Court for child neglect or child endangerment).

I certainly don’t like the idea that kids are not being permitted to have fun. Maybe you should take them to a park or a community activity center for the youth or roller skating or something other than allowing them to play in the street. The cost vs. rewards seems to justify at least considering the possibility that other options might be more prudent. Of course, that certainly is your call.

In any event, good luck with your dilemma.

Robert K. Peddicord
REALTOR®
Real Estate Consultant
Prudential Americana Group, REALTORS®
Direct: (702) 218-3974
E-Fax: (702) 317-3371
Email : robertp1@americanagrp.com
Web : http://www.peddicordconsulting.com

871 Coronado Center Dr.
Suite 100
Henderson, NV 89052
0 votes Thank Flag Link Sun May 27, 2012
The rule certainly would have to be the CC&Rs to be enforced with a fine. It would be a fair housing violation to single out children in a rule, but they might be able to get away with it by claiming the rule is intended to protect the children's health & safety...but what do I know? You should speak to an attorney about it.

I wonder how the management company for the hoa would react if you let them know you were including them in a federal fair housing complaint?
0 votes Thank Flag Link Sat May 26, 2012
If the community is gated all streets along with other common areas : community pools, parks are private you can request the docs from them supporting it
0 votes Thank Flag Link Sat May 26, 2012
You can contact The city of Summerlin Administrative offices for any questions related to communities and the likes.

Lorena Petersen, Realtor at Realty One group
702-327-9571
0 votes Thank Flag Link Sat May 26, 2012
Gared means a private street you pay for with your sub association fee
0 votes Thank Flag Link Sat May 26, 2012
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