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| Wednesday, February 08, 2012
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SusanE5
(New York)
Posts:8
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| 07/28/2010 5:52 AM |
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Our relatively upscale neighborhood is a mix of larger homes on large (>1 acre) lots and small to mid-size homes on relatively narrow lots. Most of the homes on larger lots have side-entry garages.
Like many neighborhood covenants, ours has rules for placement of basketball hoops, as follows:
"Basketball hoops and backboards shall not be placed nearer the street than the front comer of the garage of any Home. Separately paved areas for basketball hoops, tennis, and other similar recreational activities shall be placed behind the Home in the rear yard, located no closer to the side property line than the side setback line, and so as not to create a nuisance..."
Effectively this means the smaller homes cannot have basketball hoops.
The HOA has turned its head when it comes to hoops; this has resulted in many portable hoops being left out year-round, some in poor condition, some with various junk like tires piled on the counterweight. Some are in the street in front of vacant lots. Those with hoops obviously don't want this portion of the covenants enforced!
Our HOA is considering establishing a new policy on basketball hoops. I've only found one such policy online. Does anyone have specific suggestions and/or concerns with writing up such a policy? What if the board approves such a policy and some homeowners object to its provisions? |
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GlenL
(Ohio)
Posts:3526
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| 07/28/2010 6:34 AM |
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| You can't write a policy that changes the meaning of the Covenant, well you can but expect for it to be challenged in court. If you want to allow portable hoops in the front then you need to change the Covenant. |
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Too bad the only people who know how to run the country are busy driving cabs and cutting hair. - George Burns |
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SusanE5
(New York)
Posts:8
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| 07/28/2010 9:08 AM |
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Posted By GlenL on 07/28/2010 6:34 AM
You can't write a policy that changes the meaning of the Covenant, well you can but expect for it to be challenged in court. If you want to allow portable hoops in the front then you need to change the Covenant.
That's what I thought. My suggestion was to have those who want hoops to petition the rest of the neighborhood to see if they can get that 75% needed to make a change to the covenants. Failing that, they need to live within the rules.
Love your signature quote, BTW
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MaryA1
Posts:0
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| 07/28/2010 1:30 PM |
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Susan,
Well, my interpretation is a bit different than Glenn's. IMO, since the covenants do not say whether it's talking about basketball goals that permanent or temporary then the covenants do not to be amended. All the board has to do is interpret the rule to include provisions for permanent basketball goals and temporary ones. Following is the rule for basketball back boards/hoops from my assn's architectural guidelines. Note that this rule addresses both permanent and portable basketball goals.
"Basketball backboards must be made of clear plastic or be a professional, commercial type backboard. The backboard must be mounted on a professionally manufactured pole and shall not be mounted to any part of the house. The pole is to be painted to match the body paint color of the house as approved by the ARC or be black. The backboard and pole must be installed adjacent to the driveway. Portable basketball units will only be allowed if they are stored out of public or private view when not in regular use and must not be on the sidewalk or street." |
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SusanE5
(New York)
Posts:8
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| 07/28/2010 1:40 PM |
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Mary,
How does your association define "in regular use?" We have at least one homeowner who claims her daughter is crazy about basketball and uses the hoop (placed in the street in a cul-de-sac) daily; a neighbor reports it's 2x per week at most. I have 2 neighbors with hoops. One is regularly used, the other used twice to the best of my knowledge since it was put up in April. This latter one is a beautiful model, but has old tires on its counterweight, used to contain bags of sand. Talk about ugly!
I have no problem with the hoops that see use every several days; the term "regular use" is ambiguous to me.
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MaryA1
Posts:0
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| 07/28/2010 1:45 PM |
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Susan,
I agree it is an ambiguous term. I don't recall that we've had any problems such as you do, our basketball goal violations seem to all be for the condition of the backboard and/or net. But getting back to the term "regular use" I would say it means daily use. IMO, it would be better to state the portable unit must be placed out of site when not in use. |
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