Is a driveway considered part of the front yard?

Started by RonM4 • 6 replies • 5964 views

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RonM4 (Maryland)
Posts: 26

Posted:

The following is the definition from our HOA covenants for yards:

" 2.10. YARDS. The area within the front of a dwelling shall be kept only as a lawn for ornamental or decorative planting of grass, trees and shrubbery. Lawn ornaments are prohibited. No equipment or machinery, including, without limitation, equipment or machinery for use in connection with the maintenance of any dwelling, such as lawn mowers, wheelbarrows and similar devices, shall be stored in the front or side yard of any Lot."

According to this definition would a driveway in the front of the house be considered as part of the "yard"? The reason why I am asking this is our HOA wants to ammend the covenants to allow basketball back boards on the driveway without changing the defination of "yard". If it is deemed that the driveway is not part of the front yard then I think one could assume that one may store lawn mowers, wheelbarrows or similar devices on the driveway.

GlenL (Ohio)
Posts: 5,491

Posted:

INO no. If it were by the Covenant you posted the asphalt or concrete drive would have to be removed and grass planted in its place.

Studies show that 5 out of 4 people have problems with fractions

TimB4 (Tennessee)
Posts: 21,047

Posted:

Based on what you posted, anything from the foundation walls to the front property line would be considered a yard.

This is a great example of someone with good intentions not looking at the whole picture.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

Bad idea on the basketball backboards allowance. Would it be possible to find some common area to install a basketball hoop instead for the whole community? Somewhere like at the end of a dead end or out of the way spot? Having individuals have their own backboards isn't necessarily a good neighborly idea. We had a basketball goal setup in the common area near the pool. It wasn't on the roadway putting kid's at risk.

I had a basketball goal contraversy when I was president. 1 neighbor had a portable basketball goal at the end of their driveway. It had been there for years. It was enough out of the way of traffic it didn't cause a hazaard. Many of the kids and adults used this goal to play. (I used to play with it too). The owner let anyone use it. No problem. THEN luck would have it the neighbor across the street's kid got into basketball and was on the team rival of the kid who owned the basketball goal. This prompted the parent to request the Board allow them to install a basketball goal. However, due to the location of their goal and the inability to see people playing. It was denied. Couldn't put people at risk. The parent then demanded that the other goal be removed since it is against the rules. Basically if they can't have one then no one else can thing. So I had to remove the portable goal from that member's yard. The owner agreed to remove it and we placed it across from the other existing goal to make a semi court.

Take this as a lesson learned. It sounds like a good idea but kid's get older and houses sell. Not every prospective owner wants a basketball goal or to live next to someone else who has one. Plus from my own house buying experience, re-siding the garage and the dents on the garage door wasn't cheap. It would be something people should consider when and if they choose to install a goal. It does cause damage and can put people at risk of running into the roadway.

Former HOA President

RonM4 (Maryland)
Posts: 26

Posted:

Thanks for your replies. I feel that, based upon our HOA definition of "yard" that the area from the foundation to the property line is considered the "yard” Therefore, in my opinion, if one places up a basketball backboard they must take it down and not leave it sitting there for hours.

The HOA board wants to revise some of the by-laws but I don't think they are referencing other sections that might undo their work.

BrianB (California)
Posts: 2,820

Posted:

wow.. what a bad definition.

Glen and Tim are both correct, in my opinion. THAT definition means everything in the front of the house, foundation to street, is a yard. And, by that definition, you cannot legally have a driveway, because the reg tells you that it must be landscaped.

BradP (Kansas)
Posts: 2,640

Posted:

Ron

i think this is a great case of a good intention, bad definition. By definition the driveway is part of the front yard but am sure that isn't the intention.

On a side note our covenants state we have to have 80 percent of our front yard grass, if you included driveways in that no one would be in compliance.

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