Help - Requesting a Variance (re: Basketball Goal)

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

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

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?

Dang nab it.

This is a reactivation of an old post.