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LauriC (Texas)
Posts: 4
Posted:
Can anyone help with filing a petition regarding basketball goals? We live in a new subdivision but before buying our house we were assured by the salesperson we would be able install a inground basketball goal in our driveway. We purchased an expensive goal filed the necessary application with the HOA and was denied. Everyone I have spoke to in the neighborhood is for having basketball goals. I would like to file a petition but don't know where to start. Thank you.
DonnaS (Tennessee)
Posts: 5,671
Posted:

Sorry Lauri, but you can file all of the petitions that you want and if your restrictive covenants state "no basketball hoops", then you cannot have one. Salespeople rarely know what the restrictions are that govern the architectural elements of the community and say anything to get the sale.

Look in your book of docuements and see if there is any wording on hoops. It would be under the Restrictive Covenants section or under Architectural guidelines if you have such a document.

Now if you get good support within the community, you may petition or ask the Board to send an amendment to the members for a change to that restriction but other than that, you would be in violation of your restrictions if you installed the hoop under the current rules.

LauriC (Texas)
Posts: 4
Posted:
I think I will have the support needed can you tell me what I need to do to file the petition? Is it as simple as getting signatures or is there guidelines I need to follow.
Thank you
RickB4 (Kentucky)
Posts: 23
Posted:
You need to identify if the limitation is because of a covenant (cc&r) or a design or arch. guideline. If you are not dealing with a covenant, then create a petition asking for the design or arch. guideline to be amended and get a bunch of signatures and present to the board at the next meeting for consideration. You might also check into whether you meet with the design/arch. control committee and determine the history on the restriction from them.
LauriC (Texas)
Posts: 4
Posted:
It's a new HOA that is still controlled by the developer and as far as I know there has not been a board meeting. Can I request one?
TimB4 (Tennessee)
Posts: 21,061
Posted:
With the expectation that you are still under developer control, try resubmitting the application informing them that you assured by the sales staff (provide a name if possible) that you would be able to install a basketball hoop. It may or may not work. Also request to appear before the committee when they make the decision.

You could also appeal the decision to the Board.

Tim
GlenL (Ohio)
Posts: 5,491
Posted:
Lauri, if the developer gives you permission to install the hoop, make sure to get it in writing. That way you can PROVE to future Boards that he gave you a variance.


Studies show that 5 out of 4 people have problems with fractions
SusanW1 (Michigan)
Posts: 5,202
Posted:
What about those roll-out ones? We had one, it was very good quality. After use, just roll back into the garage.

LauriC (Texas)
Posts: 4
Posted:
Thank you to everyone who has replied. The covenants don't really address basketball goals other than to say any structures that can be seen from the street must have approval. I really believe it is the developer at this point that does not want basketball goals. The neighborhood is probably only 1/3 finished so the HOA is still being controlled by the developer. Can I still request a hearing if there really isn't a board established yet?
TimB4 (Tennessee)
Posts: 21,061
Posted:
Lauri,

The Board would be your actual developer and whomever he appointed (if any). However, there is a board so you can request a hearing.

As a compromise, you might offer the suggestion of using the portable hoops someone mentioned and keep it stored in your rear yard or garage when not in use.

Tim

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