News: Karnataka HC: Vague Rule Can’t Ban Kids’ Play Area Games-16-07-2026
An apartment association cannot shut children out of a common play area with an undefined, blanket prohibition, the Karnataka High Court has held. Restrictions on shared spaces must rest on the association’s registered bye-laws, follow due process and be reasonable, it observed.
In an order dated June 16, Justice Hanchate Sanjeevkumar set aside a 2021 trial court judgment that had upheld a decision of the Esteem Gardenia Apartment Owners’ Association in Sahakara Nagar, North Bengaluru. Residents Sangeetha Agrawal and Hemant Agrawal had challenged the association’s bar on football and other physical games in the apartment playground as arbitrary and unfair.
The association argued that the ban followed complaints from some residents and that only games "suitable for the play area" were allowed. The court found this vague, noting that the written statement did not say which games were permitted and which were not. It observed that playing games is a fundamental right of children and that prohibiting it harms their overall health.
The court did not take away the association’s power to regulate the playground, nor did it order that football be allowed at once. It directed the association to reconsider its earlier decision and, within three months, convene a General Body Meeting to decide by majority vote which games may be allowed or restricted. The association must specify the games after taking members into confidence, and stopping one or two games should not deprive children of play in the area.
Obstructions in common areas
The residents also succeeded on a second issue. Overturning the trial court’s findings, the High Court issued a mandatory injunction directing the association to remove flower pots and other objects kept on stairways, corridors and other common areas, and restrained it from placing materials in spaces meant for the use of all apartment owners.
What a legal expert says
The ruling is likely to have wider implications for resident welfare and apartment owners’ associations across Karnataka: they may frame reasonable rules for amenities, but curbs affecting children’s recreation must be justified, transparent and backed by residents’ collective decision.
Arpita Mukherjee, a corporate legal practitioner, said RWAs and apartment associations cannot arbitrarily restrict the use of playgrounds, clubhouses or parks. Any restriction must conform to the registered bye-laws, be approved through the prescribed process such as a general body meeting where required, and be reasonable, non-discriminatory and compliant with applicable apartment ownership laws.
She said an association generally cannot stop children from playing football in a designated playground merely because some residents object. It may regulate playing hours, safety measures or noise, but a blanket ban is likely to be treated as arbitrary unless the bye-laws support it or genuine safety concerns justify it.
Mukherjee advised homebuyers to read an association’s bye-laws before buying a flat, particularly provisions on common areas and recreational facilities, resident conduct, maintenance obligations, penalties, voting rights and the association’s powers to frame or amend rules.
