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Subject: Help - Requesting a Variance (re: Basketball Goal)
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ConnieS5
(Kentucky)

Posts:1


04/25/2013 8:50 PM  
We have received a letter from our HOA indicating that a basketball goal installed at the end of our driveway by the cul-de-sac is not allowed. I understand that our next step is to request a variance. Can you please give me advice on the best way to approach this?

This is what the HOA website says about basketball goals: "Permanent goals with glass backboards are the only approvable goals. The location of goals must be in the driveway or rear of property. Goals installed rolled to or installed on the street are not permitted."

A few key pieces of information:
- We were unaware of the guideline when the goal was installed. There are several basketball goals throughout the neighborhood that do not comply with this standard.
- The goal we have installed is permanent with a glass backboard.
- Our lot is extremely hilly (both front & back) and the current location is the only possible location for a basketball goal, permanent or otherwise.
- My two sons both play in basketball leagues and love the sport. To take this away from them would be a hardship.

Any advice on how to best approach this and not antagonize the HOA would be appreciated!!

Thanks in advance!
Connie
MelissaP1
(Alabama)

Posts:9135


04/26/2013 1:31 AM  
Well you should of read your rules first. Just because you did not read your by-laws, ACC, or CC&R's does not mean you don't have to comply. You do not know the status of these other violations. So don't apply them to your excuse. They could be in the process of being fined or removal. You do NOT know.

Go to your board and ask them to allow your goal. That is it. Do it in writing is good too. In a HOA it is best to ask permission than forgiveness. The HOA could remove your goal and send you the bill for removing it if you do not comply. So I would strongly urge you to be polite and follow the rules.

Former HOA President
TimB4
(Virginia)

Posts:16700


04/26/2013 3:22 AM  
Connie,

I would gather support in the way of letter or signatures on a petition from the affected neighbors (those living in the cul-de-sac)saying that they would not object to the goal.

I would take pictures of all other similar goals in the neighborhood (thus demonstrating that there appears to be acceptance to these goals).

Request a hearing before the committee first and if they deny it, appeal to the board. Have one copy of everything your providing for each member of the committee/board.

Keep the tone civil.

I wish you luck.

Tim
BrendonB1


Posts:0


04/26/2013 1:59 PM  
I was just browsing and this advice doesn't apply to me at the moment, but I just had to say that this is really really good advice Tim. I'll be keeping it in mind.
MichaelO4
(Montana)

Posts:40


06/17/2013 9:13 AM  
Connie,
It appears that the wording in your covenants state that goals must be "in the driveway or at the rear of the property." So, if your goal is "in the driveway" and either on your private property or common area that is for your "exclusive use", then it appears that you are not in violation of the covenant, especially since the word "or" (at the rear...) is in the wording.

Are there other covenants that prohibit "annoying or noxious" activities by residents? In my experience, there are two main reasons why basketball goals are prohibited: noise, and aesthetics. Since they appear to be allowed at all, it seems that aesthetics in not the issue. Have one or more residents complained about noise? If not, what is the basis for the Board's complaint?
TimB4
(Virginia)

Posts:16700


06/17/2013 9:29 AM  
Hi Connie,

First some tough love:

Posted By ConnieS5 on 04/25/2013 8:50 PM

A few key pieces of information:
- We were unaware of the guideline when the goal was installed. /div>



Not relevant


Posted By ConnieS5 on 04/25/2013 8:50 PM

There are several basketball goals throughout the neighborhood that do not comply with this standard.




May be relevant.

Posted By ConnieS5 on 04/25/2013 8:50 PM

- The goal we have installed is permanent with a glass backboard.




May be relevant

Posted By ConnieS5 on 04/25/2013 8:50 PM

- Our lot is extremely hilly (both front & back) and the current location is the only possible location for a basketball goal, permanent or otherwise.




Not relevant

Posted By ConnieS5 on 04/25/2013 8:50 PM

My two sons both play in basketball leagues and love the sport. To take this away from them would be a hardship.




Sorry, but not relevant.


Now for some questions:

1) Did you ask permission prior to installation?
If not, this would likely have been a violation as most Assocaitions require prior approval before installation.

2) Are the rules on the website current?
If you don't know ask. Also print them out for use with the appeal.

3) Is the goal installed on your property, someone else's property or in the common area?
Your posting simply said at the end of your driveway but this could be common area. If it is common area, most associations don't allow owners to install anything on the common area. This is because it can become confusing as to who is responsible for things installed in the common area if it's not the Association.

4) What was the reason the Association said you had to remove the goal (lack of approval, improper installation, etc.)?
This needs to be known as advice will vary depending on the reason.


Once those questions are answered, I can offer what I think would be the best course of action to have it approved.

Tim
TimB4
(Virginia)

Posts:16700


06/17/2013 9:30 AM  
Dang nab it.

This is a reactivation of an old post.
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Forums > Homeowner Association > HOA Discussions > Help - Requesting a Variance (re: Basketball Goal)



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