Mike Pristow, Donna Hodge & Associates
2230 Corporate Cr. #250
Another NRS that might be applicable here is NRSâ€‚432B.140 titled, â€œNegligent treatment or maltreatment.â€ Basically it says that, (and I am paraphrasing), â€˜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.â€™
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 donâ€™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 â€œsafe,â€ (he-he). You donâ€™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 donâ€™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
Real Estate Consultant
Prudential Americana Group, REALTORSÂ®
Direct: (702) 218-3974
E-Fax: (702) 317-3371
Email : email@example.com
Web : http://www.peddicordconsulting.com
871 Coronado Center Dr.
Henderson, NV 89052
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?