Preexisting Structures

I live in a neighborhood with a HOA that has restrictions on structures.
I had a rather large swing set/play house with a 2 story enclosed curly slide, sandbox and monkey bars.
The structure straddled the lot line and was shared with our neighbor.
It was there for close to 20 years, in plain site from the road.
My wife and I decided to replace it, partly because of its age and partly because the new neighbors that moved in did not have any kids.
We decided to replace it with a 10’ X 7’ enclosed playhouse with a 3’ X 10’ porch it all looks like a miniature Victorian house.
There are many other play structures similar to the old one we had, and one that is almost identical to the one we are building.
My question is, since we had a preexisting structure we are replacing, and the fact that there are other structures existing in the neighborhood, does the HOA have any grounds to harass us or threaten us?

Welcome to the Forum, Robert. What ARE the restrictions you're referring to? What do they say?

Imo, having a structure previously gives you no permission to erect a new one without submitting in writing and getting approval in writing from whatever entity does that in your HOA. Might be an Architectural Comm, or the Board or some other committee.

That neighbors have similar structure gives you no license to build one. Maybe they got the approvals, maybe theirs are built before such approval was required. All that matters is that your document says you must get one.

But why is that a problem for you? Submit the drawings and even of photo of the one like the one you want.

But, I'm curious. 20 years ago you needed a swing set, etc., and now you still need a playhouse? Grandkids?? Do you plan to put plumbing in it?

I have submitted it already, just waiting for the committee to make a decision.
The problem is I already started it.

Yes we have grandkids that spend a lot of time with us.

If it was up to my wife yes she would have plumbing and lights installed, but that will not happen...lol

Thanks for your input!

I agree.

Robert,

I agree that your docs are clear . . . you must submit your request for approval before starting. You messed up.

I suggest playing nice with the Board since regardless of what exists elsewhere in the neighborhood, they still have an opportunity to deny your request. Cease work if possible and contact the Board. Admit that you messed up and should have submitted your request beforehand. Let them know that you have ceased work until a decision is made. Apologize for misreading the rules for exterior improvements (even if that's not the case). If you want the fewest issues, now is the time to play dumb and apologize. If they deny your request for some silly reason, then that will be the time to bring all your evidence to the table as to why your structure should be allowed.

Good luck.