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You didn't read the HOA rules before you bought? That was a mistake. It sounds pretty clear to me that the HOA doesn't allow basketball hoops.
You've got the rules that say no hoops. You've got the letter telling you no hoops, and you now have another letter telling you no hoops. Plus a fine for the hoop. At some point you are going to have to figure it out that you won't be allowed to have that hoop.
Your hoop should have been taken down while your application for a variance was being processed.
No sympathy. It seems a silly thing to go to war over, especially since you must have know it was against the rules before you did it.
I've lived in HOA neighborhoods most of my life. I prefer it actually. Keeps the houses looking nice and maintained, landscaping well cared for, no boats or trailers or RVs parked in driveways or on the street.
I've never heard of an HOA having rules on what you can put/do in your own backyard. In fact, the CC&R that you posted notes only the front yard. I didn't see anything pertaining to the backyard.
I'd tell them to please point you to the exact paragraph that governs backyards.
Last year we received a notice that we have to get rid of our portable basketball hoop that is in our backyard on a basketball court we had made. It's a nice quality portable hoop that we put on the lowest setting when it's not in use. It's in our backyard about 60-70 feet from the front sidewalk. It's about 30 feet behind our front fence. I wrote in seeking approval for it July 2018. The just now January 2019 sent me the $50 non compliance fine as well as the decline of approval for the hoop. They have also notified me and other neighbors that they won't permit any trampolines or play structures. We have a board that works with the management company. We live in a small managed neighborhood of homes in the range of 2400 to 3400 SQ feet on lots average 10,000 sq feet and mostly two story homes. These is what should be a family neighborhood. Any advice from anyone who has fought this before and the best way to go about it. I have my CC&R's which say they must respond within 30 days of a request or its automatically approved they took over 7 months! Also, verbiage on basketball hoops specifically states:
No basketball goal or similar structure or device , whether mounted to a pole, wall or roof) shall be placed or constructed upon the front yard, front elevation or front roof surface any structure on any part of the property. For purpose of the forgoing sentence, the term "front" shall be deemed to mean visible from ground level view from the street running immediately in front of or along the side of a residential unit or other structure.
I think I can argue that my hoop isn't mounted to a pole wall or my house since it's a portable basketball hoop. Also, what does "visible from ground level" mean specifically, like if I am sitting on the ground can I see it?
Thanks for any suggestions.
Another provocative first-time post stimulating controversy...but it's an easy answer- if the bolded verbiage were an accurate depiction of the [alleged] regulations, the important part is underlined, and the key word is 'front', a portable hoop in the *back* yard is not covered by the prohibition. Anyone in this situation could simply tell the 'board' to go take a flying poke at a rolling doughnut, and should not have even bothered to "write in seeking approval".
OP, pay the fine ASAP, because, if you don't the management company will tack on fees and either you or the HOA will have to pay them. That's a big revenue source for management companies. Nip that in the bud.
Then have your lawyer write a letter to the management company requesting to have the fine refunded. Cite what you said in the original post about your original request being approved, due to the board's non-action for 7 months on the request. Your lawyer will know how to word this in a way that keeps the management company at bay. You're in the right here, but you need to respond in the right way to keep the upper hand.
You're getting a lot of advice above to yell and scream about your rights and ignore the barking dog that is the HOA. Ignore that advice. It will cost you more in the long run, because of the fine issue I mentioned above. You seem to have a handle on your CC&Rs. Use that knowledge to your advantage and respond professionally.
Maybe consider running for the board of directors of the HOA? If they can't respond to member requests promptly, they could use someone who knows their rules and respects the process on their board
Another provocative first-time post stimulating controversy...but it's an easy answer- if the bolded verbiage were an accurate depiction of the [alleged] regulations, the important part is underlined, and the key word is 'front', a portable hoop in the *back* yard is not covered by the prohibition. Anyone in this situation could simply tell the 'board' to go take a flying poke at a rolling doughnut, and should not have even bothered to "write in seeking approval".
#smellslikefish
Read the bold text again. The definition of "front" apparently includes the ground level view from the street immediately in front of or along the side of the property. The hoop may well be in the back yard, but it's visible from one or both sides of the OP's property. That's why I suspect the HOA even pursued it. If the OP wants the hoop, block the view into the back yard.
I'm not agreeing with the covenant at all, just picking apart the language. The devil is in the details...but that's why the OP is in this situation.
Last edited by Parnassia; 02-01-2019 at 05:59 PM..
You didn't read the HOA rules before you bought? That was a mistake. It sounds pretty clear to me that the HOA doesn't allow basketball hoops.
You've got the rules that say no hoops. You've got the letter telling you no hoops, and you now have another letter telling you no hoops. Plus a fine for the hoop. At some point you are going to have to figure it out that you won't be allowed to have that hoop.
Your hoop should have been taken down while your application for a variance was being processed.
No sympathy. It seems a silly thing to go to war over, especially since you must have know it was against the rules before you did it.
Yep.
You agreed to abide by the covenants when you bought your house.
You could get an attorney to write a letter challenging the 30-day thing, but really that's your only hope, and it's a slim one.
Last year we received a notice that we have to get rid of our portable basketball hoop that is in our backyard on a basketball court we had made. It's a nice quality portable hoop that we put on the lowest setting when it's not in use. It's in our backyard about 60-70 feet from the front sidewalk. It's about 30 feet behind our front fence. I wrote in seeking approval for it July 2018. The just now January 2019 sent me the $50 non compliance fine as well as the decline of approval for the hoop. They have also notified me and other neighbors that they won't permit any trampolines or play structures. We have a board that works with the management company. We live in a small managed neighborhood of homes in the range of 2400 to 3400 SQ feet on lots average 10,000 sq feet and mostly two story homes. These is what should be a family neighborhood. Any advice from anyone who has fought this before and the best way to go about it. I have my CC&R's which say they must respond within 30 days of a request or its automatically approved they took over 7 months! Also, verbiage on basketball hoops specifically states:
No basketball goal or similar structure or device , whether mounted to a pole, wall or roof) shall be placed or constructed upon the front yard, front elevation or front roof surface any structure on any part of the property. For purpose of the forgoing sentence, the term "front" shall be deemed to mean visible from ground level view from the street running immediately in front of or along the side of a residential unit or other structure.
I think I can argue that my hoop isn't mounted to a pole wall or my house since it's a portable basketball hoop. Also, what does "visible from ground level" mean specifically, like if I am sitting on the ground can I see it?
Thanks for any suggestions.
It says it can't be in the front nor seen from the front. This hoop is in the backyard.
Here's where the problem is...the definition of "front".
...the term "front" shall be deemed to mean visible from ground level view from the street running immediately in front of OR ALONG THE SIDE OF a residential unit or other structure.
If someone at street level, either in front of or along side the OP's house can see into the back yard, they can apparently see the hoop.
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