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MikeS1

Posts:0

10/10/2007 6:20 AM
Survey for existing Townhome Communities regarding Portable Basketball Goals. Although I've searched the previous postings, I'm not finding exactly what I'm looking for. We live in a community of 300 plus townhouses, with a pool and tennis courts but no basketball court. Portable basketball goals (5 of them) started poping up in the common areas, creating traffic safety concerns and of course the kids never took them down when they were not in use. The Board and PM had the owners remove the goals from the common areas, but then they started showing up in the back yards of the townhomes which are 16-20 ft wide (depending on the model). Most of the back yards are fenced in completely with a grass yard. Now some of our homeowners are using the basketball goals in the backyard of the townhome which isn't real practical, since the ball has a tendency to go out of the yard and you certainly can't dribble. There is also the tendency for the ball to hit the siding and dent the aluminum siding. We've tried to get the neighbors behind supporting a sport court or permanant court on the property, but no one seems interested. Some of the residents just aren't interested in a permanant goal in the common areas and want the convenience of a goal in their own small 20x14 grass lot. Although the CCR's specifically say that portable or fixed basketball goal are not allowed anywhere within the community to include the owner's property and they may not be used in the common area; some folks still think that it's ok to have one in their backyard. I certainly wouldn't want to live next door to someone who used a portable goal in the backyard, due to the noise, ball traffic and potential damage to my personal property. We all have to live a small space here and I think that the docs were written and established for the good of the majority of the homeowners. MY QUESTION IS DIRECTED To TOWNHOME COMMUNITIES HERE ONLY - HOW DO YOUR DOCUMENTS TREAT OR ADDRESS PORTABLE BASKETBALL GOALS? and don't most Townhome communities have permanant goals installed somewhere on the common areas? Please! No comments about communism! I would just like to survey the townhome communities on this issue. Thanks.

DonnaS
(Tennessee)

Posts:5671

10/10/2007 6:47 AM
Mike, I absolutely love your second to the last sentence.That poster has been useing that for years.

MikeS1

Posts:0

10/10/2007 11:03 AM
Thanks, Yes, - I guess that there are very few if any townhome posters here.

DonnaS
(Tennessee)

Posts:5671

10/10/2007 11:32 AM
I don't think that your being a Townhouse developement would be any different than a H.O.A. other than you probably share a common wall somewhere. The real answer as always, lies within your CC&Rs, otherwise known as your Protective Covenants. Look under recreational areas. Are there any Rules and Regulations? Your Board has the ability to adopt them without a membership vote, as long as those Regs. fall within the wording and meaning of the covenants.

DonnaS
(Tennessee)

Posts:5671

10/10/2007 11:38 AM
Sorry, I forgot to add that when your documents specifically adress the hoops as your seem to do, there is no ignoring the fact that the hoops are in violation of your CC&Rs. Now you have to make the owners of the hoops, realize that they are in violation and will be fined as allowed. It's too bad that the membership does not want to use your already exhisting rec area. But rules are rules and no hoops are allowed. There is another long thread on these toys and they are a continuing problem. We had it in our developement also.

RogerB
(Colorado)

Posts:4686

10/10/2007 12:47 PM
MikeS, my recommendation to solve this problem is to put in a basketball court and hoops near the pool and tennis courts. And the current CC&Rs also need to be enforced even when there is no BB facilities in the common areas.

CharlesW1
(Georgia)

Posts:826

10/10/2007 1:33 PM
Posted By RogerB on 10/10/2007 12:47 PM MikeS, my recommendation to solve this problem is to put in a basketball court and hoops near the pool and tennis courts. And the current CC&Rs also need to be enforced even when there is no BB facilities in the common areas. MikeS1, I don’t reside in a condo or town home community, however our association did din fact have a very similar situation. “IF” in deed your governing documents specifically state no basketball goals/hoops either portable or stationary. The board should enforce that regardless of what has been done in the past. Are you able to fine? I suggest following your governing documents and follow that procedure as such notification (first class mail)> time permitted to comply (governing documents). Then fine them. I always appreciate RogerB advice BUT I highly discourage putting in a basketball court. I personally have NEVER heard of anything good coming from having a permanent basket court. As a teen (as we all were). I played a lot of basketball and I found myself in many, many confrontations regarding basketball. Who is on what team? What’s the score? Arguing whether you were Fouled or not fouled? It was ridiculous. In theory to have a place for people to shoot some hoops sounds like a great solution, but, it’s basically a place for teens to congregate and a significant increase in liability (I would assume) for the HOA. Be sure to give it plenty of thought before proceeding. I certainly would hate to hear that it was unsuccessful in the future postings. I made reference to this in an earlier post. I’ll attempt to find it for you perhaps there is some advice that was given, that would help you. Is your community gated? That would certainly help. Chuck W.

Charles E. Wafer Jr.

MikeS1

Posts:0

10/10/2007 2:41 PM
DonnaS - The rule is very clear in our docs. They are allowed in the Single Family section, but definately not in the townhome sections. That's not really this issue here. I was just trying to survey other Townhome community HOA and see what their position is on these portable goals. Thanks for your response.

MikeS1

Posts:0

10/10/2007 2:44 PM
Yes, Roger, we all agree with placing a permanent goal by the pool and tennis courts and that's our ultimate goal. CC's are definately being enforced. We're just down to one goal, one hearing and one Board appeal for just one owner at this time. Thanks for your thoughts on this.

MikeS1

Posts:0

10/10/2007 2:44 PM
Yes, Roger, we all agree with placing a permanent goal by the pool and tennis courts and that's our ultimate goal. CC's are definately being enforced. We're just down to one goal, one hearing and one Board appeal for just one owner at this time. Thanks for your thoughts on this.

MikeS1

Posts:0

10/10/2007 2:51 PM
Chuck, I have to agree with you assement. I also own a rental/investment condo in the same area and they have a basketball court. It seems that the folks using the courts didn't actually reside in our community, so the fenced it and placed an access lock on the gate. When I was a teen, we all went up to the school lots and played. In addition, we played on intermural leagues. There are plenty of county parks, schools, and rec centers where they can play, but the homeowner here just wants his cake and wants to eat it to. They say that they won't all their 15yr son or 13 year daughter to go away from the home unsupervised to play sports, so they want the court in their yard. Rediculous! Community is not gated and yes we fine (fine) levy assessments in accordance with the Va property association act. The homeowner knew when they moved into the community that there were no goals and that they were subject to the CCR's. Of course, no one read them or does any research when they buy.. do they?

MikeS1

Posts:0

10/10/2007 2:51 PM
Chuck, I have to agree with you assement. I also own a rental/investment condo in the same area and they have a basketball court. It seems that the folks using the courts didn't actually reside in our community, so the fenced it and placed an access lock on the gate. When I was a teen, we all went up to the school lots and played. In addition, we played on intermural leagues. There are plenty of county parks, schools, and rec centers where they can play, but the homeowner here just wants his cake and wants to eat it to. They say that they won't all their 15yr son or 13 year daughter to go away from the home unsupervised to play sports, so they want the court in their yard. Rediculous! Community is not gated and yes we fine (fine) levy assessments in accordance with the Va property association act. The homeowner knew when they moved into the community that there were no goals and that they were subject to the CCR's. Of course, no one read them or does any research when they buy.. do they?

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