May Neighbors Object to a Playgroup?
If one wishes to open a playgroup in their home, the neighbors can prevent them from doing so under the following conditions: 1) if one of the neighbors is unwell and the noise level would be intolerable; 2) if the noise level is louder than most people can handle; 3) if the playgroup’s usage causes excessive wear and tear to common property; 4) if the human traffic resulting from the playgroup’s clients will go through a common area, such as the hallway of an apartment building, where a certain level of privacy is expected, and therefore the residents don’t wish that it be open to the public. Additional human or car traffic in the outdoor yard or parking lot is not a valid objection; however, the parents obviously may not park there without permission. On the other hand, if the playgroup is in a neighborhood where it is customary to have playgroups in homes—since the home is the most suitable setting for playgroups—and/or if the playgroup’s function is not only babysitting, but also for the purpose of a mitzvah, such as teaching davening and parshah, one cannot prevent the playgroup from operating even if there is a large amount of human traffic, unless the noise level is above what most people can tolerate or a neighbor is unwell. However, the management of the playgroup should make every attempt to minimize the disturbance as much as possible—such as placing a rug on the floor to absorb some of the noise or changing the scheduling of various activities. Certainly, the residents have priority for using the building’s common areas such as the playground, and the children of the playgroup may not use it if they are disturbing the residents. 328?1
פרטי הדברים בשו״ע חו״מ סקנ״ד ס״ב. סקנ״ו ס״ב. ובנו״כ שם. שו״ע אדה״ז דיני נזקי ממון סי״ח ואילך. ועיי״ש באמרי יעקב שטרן. וראה בגם בהנסמן בעמק המשפט שכנים סל״ז וסל״ח. ומשם תדרשנו.