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MatthewB5 (Missouri)
Posts: 2
Posted:
Long story short, but will embelish if needbe.

I am resident and also trustee of a HOA in St Charles MO.

At Christmas 2013, a resident put up a garish 25ft high light above his inground basketball hoop at the side of the driveway.
Obviously, we had complaints.

I did mention to another trustee at the time, I had a light above my basketball hoop. He said it was grandfathered in due to length of time it has been up, and was there when I moved in. (I only lived here 18 months)

Upon seeing the other residents piece of equipment, I rationalized that my light and his light were so different (in height and luminosity) that it wasn't an apples for apples comparison anyway, and I could make a decision objectively.

then January rolled around, and the trustee I spoke too who said it was "grandfathered" in, resigned and a new trustee took over.

I am now being told that the homeowners are upset that I have a similar apparatus to the one that was denied by us trustees, even though any previous decision to permit or deny apparatus doesn't constitute future precedent.

My fellow trustees are requesting, almost demanding I take down my light above my basketball hoop.
A) because it makes the other trustees look bad
B) they say even though it was there when I moved in, It is still a violation of the indentures and they can go back and retrospectivly request my removal of the equipment.

I maintain, that
A) it's not in violation, as I would have been told that by the outgoing trustee
B) due to length of time it's been erected, at least nearly 2 years, maybe longer, it is defacto implied consent.

There is no mention in the indentures of "grandfather" clause, retrospective time limits.

Is there anything Missouri based legislature based, I can be pointed to about such an issue?

Thanks in advance.
Matt.
JohnB26 (South Carolina)
Posts: 1,569
Posted:
you have a contract

you are in violation

rectify the violation

stop seeking 'loopholes'

end of story
SteveM9 (Massachusetts)
Posts: 3,699
Posted:
Grandfather typically means, you had something like a basketball hoop "before" there were any rules against it. Then they create a new rule against it. Your hoop would be grandfathered, but no one else could install any after that date the new rule was created.
TimB4 (Tennessee)
Posts: 21,059
Posted:
One thing I learned when I started searching for statutes and rules that would apply to my situation where something was on the house when I bought it was grandfathering is not automatic. The rule has to be written to grandfather preexisting items or those items would not be in compliance.

Do you have something from the Association saying that the light is approved?
Does the Association have a record of it being approved (minutes, actual approval letter, etc.)?

My suggestion - either take your light down OR draft rules that allow the lights with specific height and wattage lamp (or luminosity, which ever you prefer) that can be used.

MatthewB5 (Missouri)
Posts: 2
Posted:
Thanks for the swift replies

John, appreciate the bluntness.
(And I suspect you may be right too)
JohnB26 (South Carolina)
Posts: 1,569
Posted:


I too was 'blindsided' by the concept of 'restrictions'!

However, I did sign on the dotted line (w/o reading CAREFULLY).

Never again ......

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