Play Structures

Judy, if similar play structures exist provide them a list and request reconsideration. With your request, state that if they can not approve to list the specific reason(s) why and request they list what is required to get approval. A reasonable committee should work with you to reach an acceptable compromise.

Good Luck,
Roger

Judy if it were me, I would either return the play structure if a refund is available or resubmit the request. If resubmitted, I would attach a letter listing the play structures which do not comply with the rules, i.e., over 8'high and/or no solid roof. In the letter I would say "If the committee choses to denigh my request I need a reply explaining:
(1)why the listed playstructures were allowed and mine was not;
(2)why your decision is not a violation of the federal non-discrimination act; (bluffing often works)
(3)the process to appeal this decision to the Board of Director
(may be required by your state's statutes)."

Neighbors should have the right to object to modifications and their objections should be taken into consideration by the Architectural Committee when making their decision. My standard Request Form requires discussing desired external modifications with neighbors prior to submittal of a Request to Modify Exterior of Property and listing adjacent neighbors names with their reason for being opposed.

While this problem may be extremely disturbing to you, please try to realize these neighbors are volunteers just trying to do the best they can. They apparently are trying to enforce a rule which previous committee members did not. And yes, you are responsible to know the rules.

If all else fails you could work to get the architectural standards on play structures amended.

Good Luck,
Roger

JudyP, yes each lot is unique. The legal discription has a different lot number for each. But the association is a common interest ownership community which means that architectural standards absolutely must be the same for all lots. They obviously don't understand and need the management company should educate them and explain that their actions place them in serious jeopardy. They are not meeting the standard of "good business judgement".

Roger

I want to thank everyone for their posts. I am hoping it's helped me to have my homework done for my resubmittal. The thing I keep finding in my research of the "HOA" is they do what they want with almost no reprocussion. I will let you know how it goes on the fifth when they meet again to reconsider my playstructure. My plan offers to move it and modify it if need be, so we will see what happens. Thanks again.

Judy Pryor

Lisa,
Some clarification here. I never installed before approval. We purchased this playset for our previous property and brought it with us. We read the bylaws and saw the 8 feet rule but the neighborhood is covered with them so we knew that they were allowing them. They denied my approval based on location and height? So I am resubmitting to change the location, but my point was...how can they deny me when there are no less than 100 of these in the subdivision? There was a typo in my original submission that said my structure was 14feet it's 13 feet and after some research, all playstructures are between 12-13 feet.

Thanks,
Judy Pryor

Judy,
I'm glad they saw the discrimination factor and allowed you to install the play structure because I agree that if there are already several, that it is not fair to deny you, or really anyone after you. There is one thing I want to point out, having been chair of the architectural control committee before though, it isn't always about denying you, it's about the fairness and privacy of everyone. For instance, even though I didn't care at the time when my neighbors (before I was ACC chair) installed a play structure next door (I assumed they asked for approval even though I didn't agree with it being so close to our fence), it was closer than 5 feet (the easement) to the fence which is dangerous to both the children and to neighbors because of someone using it to climb over, the other problem was that the fence between us was 6 ft. and their play structure was taller. Until their children finally grew up and matured and stopped using their play structure, they would get in it and yell and carry on (apparently purposely)and throw things into our yard and all of this was in sight from our formerly quiet enjoyment of our patio which we use in summer for dinner almost every night. I have children, and I love them, but I used to enjoy the heck out of my patio and it was the reason I purchased my house. We planted lots of shrubs to block the noise and view and then they complained that we didn't have approval for that. My point is there are two sides (and reasons for approval) to every story, and your situation is an example of why people ask forgiveness instead of permission usually. You are to be commended for asking permission.
EdR

Ed and Brad,
Thankyou for both of your post's. We were so upset when initially denied that both my husband and I regreted the fact that we asked permission. Now that it's all said and done I am thankful that we did, but it was very stressful. I agree with you Ed that our backyards are our retreats and should be a pieceful and relaxing environment. I am not exactly thrilled that the structure will be right in the middle of our yard and facing our patio...but they are our kid's and if they are going to annoy someone then I guess it should be us ;-) I did offer my neighbor an apology for getting upset about the structure being on their side. I felt that it was a knee jerk reaction to get upset and everyone needed to step back and be objective, so that's what we did.
It's to bad that this committee thinks it's their job to govern each lot when clearly that's not what they are in place to do. I think you are right about it being so difficult to fight the HOA even if they are breaking the law is the most disheartening thing about belonging to an HOA. My husband and I are very consciencious about our lot and want it to be beautiful and we feel that the design committee should take the time to address our common grounds and playgrouds etc instead of focusing on playstructures that are erected properly and are in good condition and aestheticly pleasing.
I can assure you that as soon as my children are older and no longer using it...it will come down ;-)

Judy P in AZ