Another HOA controversy

[sam_gordon]

http://www.kentucky.com/2011/12/08/1986693/dispute-over-childs-playhouse.html

More detail in the article, but family with disabled boy puts up a playhouse in their side yard deciding it's the same as wooden swingsets in neighbors yards. HOA says "no, it violates covenants" and says they'll fine the family $50/day if they don't take it down.

No fines have been levied yet. The family and HOA are in talks now.

Does it make a difference to you the playhouse is for a disabled child?

IMO, if I was planning on spending $5K (yes, that's how much it cost) on a playhouse, I'd make a phone call to the HOA to find out what needed to be done to make sure I *WASN'T* in violation of covenants.

 

[Tinijocaro]

Do people really spend their time worrying about this stuff? As long as you don't store old rusted cars in your yard, what's the big deal?

 

[Uptown Girl]

I would have called too....but then again, I wouldn't live in a neighborhood with an HOA for reasons just like this.

 

[jrmasm]

http://www.kentucky.com/2011/12/08/1986693/dispute-over-childs-playhouse.html

More detail in the article, but family with disabled boy puts up a playhouse in their side yard deciding it's the same as wooden swingsets in neighbors yards. HOA says "no, it violates covenants" and says they'll fine the family $50/day if they don't take it down.

No fines have been levied yet. The family and HOA are in talks now.

Does it make a difference to you the playhouse is for a disabled child? IMO, if I was planning on spending $5K (yes, that's how much it cost) on a playhouse, I'd make a phone call to the HOA to find out what needed to be done to make sure I *WASN'T* in violation of covenants.

I don't think so.

From the article:


In this case, the issue could have been avoided if the Veloudises had consulted with the board before building the playhouse, Stamper said. The board could have then worked with them to create an appropriate design and location.


Veloudis said she and her husband read the homeowners' agreement before they bought the playhouse, and based on the language of the agreement, they didn't think the playhouse was any different than the tree houses and swing sets already in their neighborhood.



All these people had to do is check with the HOA. They didn't. Too bad so sad for them.

 

[sam_gordon]

Do people really spend their time worrying about this stuff? As long as you don't store old rusted cars in your yard, what's the big deal?

So it's ok to say certain things shouldn't be in your yard? Isn't that exactly what the HOA is doing? Granted, their version of what qualifies as "ok" and yours differs, but that's known going in.

 

[DisneyFan32WI]

1) I would never spend $5,000 on that "shed"
2) I don't see how that could be considered therapy for the child.
3) The homeowners should've checked with the HOA first. I'm sure they were aiming for the "it's easier to ask for forgiveness than it is permission" approach.

 

[The Mystery Machine]

If you buy into a home that has an HOA, follow procedure. I love how people think rules don't apply TO THEM.

They probably knew it would not pass which is why they did not get approval. Just saying....

 

[Art 1]

I wonder if they had a permit to put that up. It would need to meet wind load and set back regulations, and some other things.

 

[dngnb8]

http://www.kentucky.com/2011/12/08/1986693/dispute-over-childs-playhouse.html

More detail in the article, but family with disabled boy puts up a playhouse in their side yard deciding it's the same as wooden swingsets in neighbors yards. HOA says "no, it violates covenants" and says they'll fine the family $50/day if they don't take it down.

No fines have been levied yet. The family and HOA are in talks now.

I hate HOA's (more on this later)

Does it make a difference to you the playhouse is for a disabled child?

No.

IMO, if I was planning on spending $5K (yes, that's how much it cost) on a playhouse, I'd make a phone call to the HOA to find out what needed to be done to make sure I *WASN'T* in violation of covenants.

I find that HOA's spend more time looking how to fund themselves then enforcing the meaning of the rules. My HOA once tried to fine me for weeds. They included a picture and I looked carefully, and couldnt see weeds. I go tot he HOA office and show them the pic and say, where are the weeds. They lady looks..... looks.... Then! She goes to her desk, and gets a MAGNIFYING GLASS!!!! and comes back. As she set the pic on the table to examine, I slammed my hand down ont he pic and got face to face and said

"If you really are going to have to use a magnifying glass to find 1 *insert colorful metaphor word here) weed, we are really going to have an issue."

Its this sort of ticky tack crap that HOA's do that earn them ire.

In the pics, I see a playhouse that is highly visible fromt he road, and built very different from the homes. I can see how retentive people could have issue. Had they checked with the HOA, it probably would have passed if the play house had a brick facade. I mean, they spent 5k on this thing, I am sure that a brick facade was affordable to them.

 

[Magic Mom]

Those parents are no dummies, they knew full well what they were doing. Beg forgiveness (and call the media) instead of asking permission. Since they supposedly read the HOA rules so carefully, I wonder why they didn't build the playhouse in the back yard instead of the side yard? My bet is that they didn't want the view from their OWN patio obstructed.

They should have asked for an accommodation to the rules prior to building the playhouse, but then they couldn't build it where they want it could they.

 

[sam_gordon]

In the pics, I see a playhouse that is highly visible fromt he road, and built very different from the homes. I can see how retentive people could have issue. Had they checked with the HOA, it probably would have passed if the play house had a brick facade. I mean, they spent 5k on this thing, I am sure that a brick facade was affordable to them.

I totally agree. When the story first came out, I couldn't believe the reason the playhouse was in violation WASN'T in the covenants, but the family was saying "it's just like the neighbors' swingset!". The family is hoping public opinion will sway the board.

 

[papas4]

I am more inclined to think this looks like a glorified shed.The problem we have in this country today is some people don't think rules apply to them.Let them keep the playhouse and what is the next structure someone will build?I say give them the option to bring it into compliance with the HOA rules or make them remove it.This is why people move into communities with HOA's so there neighbors can't have just any old thing in their yards.

 

[luvmy3]

Do people really spend their time worrying about this stuff? As long as you don't store old rusted cars in your yard, what's the big deal?

Yes some do and that is why they choose to live in a neighborhood with an HOA.

Those parents are no dummies, they knew full well what they were doing. Beg forgiveness (and call the media) instead of asking permission. Since they supposedly read the HOA rules so carefully, I wonder why they didn't build the playhouse in the back yard instead of the side yard? My bet is that they didn't want the view from their OWN patio obstructed.

They should have asked for an accommodation to the rules prior to building the playhouse, but then they couldn't build it where they want it could they.

Exactly.

I don't see any controversy here. These parents live in a neighborhood with an HOA and decided on their own to disregard the rules they agreed to when moving there. I'm sure that this happens all the time across the country and its handled by the HOA and homeowner. This story is no different, the disabled child makes no difference, these people broke the rules.
Are the parents the ones who went to the media, if so I think its sick.

 

[Tuffcookie]

This is exactly why people move into communities that have HOAs. Funny how when people move into these places, they want to change the rules.

TC

 

[SaraJayne]

I am more inclined to think this looks like a glorified shed.The problem we have in this country today is some people don't think rules apply to them.Let them keep the playhouse and what is the next structure someone will build?I say give them the option to bring it into compliance with the HOA rules or make them remove it.This is why people move into communities with HOA's so there neighbors can't have just any old thing in their yards.

On the other hand, some people think they have the right to tell others what they can and can not put in their yards.

 

[wendy46001]

Yes some do and that is why they choose to live in a neighborhood with an HOA.



Exactly.

I don't see any controversy here. These parents live in a neighborhood with an HOA and decided on their own to disregard the rules they agreed to when moving there. I'm sure that this happens all the time across the country and its handled by the HOA and homeowner. This story is no different, the disabled child makes no difference, these people broke the rules.
Are the parents the ones who went to the media, if so I think its sick.

I agree why do people move into a place with an HOA if they dont like the rules. Also way to teach the child rules dont apply to them.

 

[Magic Mom]

On the other hand, some people think they have the right to tell others what they can and can not put in their yards.

If those people are the board of a HOA, then they are correct; the CAN tell others what can and cannot go in their yards.

 

[wvjules]

On the other hand, some people think they have the right to tell others what they can and can not put in their yards.

That's part of an HOA's function.

 

[SaraJayne]

If those people are the board of a HOA, then they are correct; the CAN tell others what can and cannot go in their yards.

I know that. I was speaking in general about HOA's, which I am very much against.

Unless they are paying my mortgage, no one else the right to tell me what is allowed (or not) on my property.

 

[Chelley00]

If you buy into a home that has an HOA, follow procedure. I love how people think rules don't apply TO THEM.

They probably knew it would not pass which is why they did not get approval. Just saying....

As someone who was on the HOA board, this is exactly true. Our HOA even has pretty relaxed rules compared to others I've seen, and people were constantly seeing what they could get by with: not getting approvals, sheds MUCH bigger than the allowed size (which is very generous considering our yard size!) and one person even concreted his entire front yard to make a basketball court.

When you move in, you get the rules that you agree to before you close on your house. No one ever reads it, then plays dumb when they get the HOA letter, or tries to fight it because x y or z shouldn't apply to them. Don't buy a house in an HOA if you don't want to follow those rules.