The Karnataka High Court has declared that apartment associations cannot impose blanket bans on children's activities in common play areas
From football matches in the society playground to access to clubhouses and parks, and even disputes over flowerpots placed in common areas to enhance aesthetics, conflicts over the use of shared spaces are becoming increasingly common in gated communities.
But can an apartment association stop children from playing football simply because a few residents complain about noise or inconvenience? The Karnataka High Court has answered with a clear message: apartment associations cannot impose blanket restrictions on the use of common play areas through arbitrary rules.
Any curbs must be backed by the association's registered bye-laws, follow due process, and be reasonable, reinforcing residents', especially children's right to enjoy shared community spaces, it observed.
In its June 16 order, Justice Hanchate Sanjeevkumar set aside a 2021 trial court judgment that had upheld the decision of the Esteem Gardenia Apartment Owners' Association in Sahakara Nagar, North Bengaluru. The case was filed by residents Sangeetha Agrawal and Hemant Agrawal, who challenged the association's decision to prohibit football and other physical games in the apartment playground, calling the restriction arbitrary and unfair.
The association had defended its decision by stating that the ban was based on complaints from some residents and that only games "suitable for the play area" were permitted. However, the High Court found this justification vague, observing that the association had failed to specify which games were allowed and which were prohibited.
What does the High Court order say?
The Karnataka High Court has directed a Bengaluru apartment owners' association to reconsider its ban on children playing football in the society's playground, holding that blanket restrictions on physical games cannot be imposed through vague rules and emphasising that children have a right to access common play areas.
here is no averment in the written statement of the defendant as to which games are allowed to be played by the children and which are not. Therefore, the averment made in the written statement is vague in nature and without giving any clarification. On the guise, the defendant is not supposed to prohibit the children from playing games in the play area. Playing games by children is a fundamental right of children and prohibiting the children from playing takes away their overall health,” the court observed.
While the High Court did not completely strike down the association's power to regulate the use of the playground, it held that an outright and undefined ban was unsustainable. Instead of ordering that football be permitted immediately, the court directed the association to convene a General Body Meeting within three months and democratically decide, by majority vote, which games may be allowed or restricted in the common play area. The court said the association must "take confidence of the members" while ensuring that children are not deprived of their right to play.
The court directed the association to reconsider its decision, which was taken earlier in this regard and with the consent of the majority of the residents of the apartment, “shall take a decision as to which games are to be allowed and which are not allowed in the play area. However, by stopping one or two games, the children should not be deprived of playing games in the play area. The defendant shall specify the games to be played in the play area after taking confidence of the members of the association. The defendant/association is directed to take decision in this regard within a period of three months from today,” it said.
Flower pots obstruction in common areas
Apart from the playground dispute, the High Court also ruled in favour of the residents on the issue of obstructions in common areas. It overturned the trial court's findings and issued a mandatory injunction directing the association to remove flower pots and other objects placed on stairways, corridors and other common areas. It also restrained the association from placing any materials in spaces meant for the common use of all apartment owners.
The ruling is likely to have wider implications for resident welfare and apartment owners' associations across Karnataka, signalling that while associations can frame reasonable regulations for common amenities, blanket or arbitrary restrictions, particularly those affecting children's recreational rights, must be justified, transparent and backed by the collective decision of residents.
Arpita Mukherjee, a corporate legal practitioner, says Residents' Welfare Associations (RWAs) and apartment associations cannot impose restrictions on the use of common areas such as playgrounds, clubhouses or parks arbitrarily.
“Any restrictions must be in accordance with the association's registered bye-laws, approved through the prescribed decision-making process, such as a general body meeting where required, and should be reasonable, non-discriminatory and compliant with applicable apartment ownership laws,” she says.What should homebuyers and residents check in an apartment association's bylaws before purchasing a flat?
She advises homebuyers to carefully examine the association's bye-laws before purchasing a flat, paying particular attention to provisions governing the use of common areas and recreational facilities, resident conduct, maintenance obligations, penalties, voting rights, and the association's powers to frame or amend rules.Mukherjee says that an apartment association generally cannot prohibit children from playing football in a designated playground merely because some residents object. While it may prescribe reasonable regulations relating to playing hours, safety measures or noise management, a blanket ban is likely to be considered arbitrary unless it is supported by the bye-
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