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AllumW (Florida)
Posts: 68
Posted:
Our CC&R doesn't mention basketball goals at the end of the driveway. I'm wondering if the section on Setback Lines would cover it.

It states no structure of any kind shall be located nearer than 20' to the front of the lot line.

Would the basketball goal be considered a structure?

Also, is there any liability to the HOA if the goal causes property damage to other vehicles if it remains at the end of the driveway?

AugustinD
Posts: 5,144
Posted:
From https://definitions.uslegal.com/s/structure/

Structure is defined as "anything constructed or erected with a fixed location on the ground. Among other things, structures include buildings, mobile homes ('manufactured homes'), walls, fences, billboards, and poster panels." Greene County v. N. Shore Resort, 238 Ga. App. 236, 237 (Ga. Ct. App. 1999)

Structure in the context of construction or housing law generally refers to a a building, bridge, framework, or other object that has been put together from different parts. Precise definitions will vary by governing laws.

The following is an example of a state law defining structures and buildings:

Unless it is apparent from the context that another meaning is intended, the word "building" shall be deemed to include in its meaning the word "structure" and the words "building" and "structure" shall have the following meaning: Any construction, the arrangement of which may affect the health, safety or general welfare of man or animals.

The following is a further example of a local code defining structures:

“Structure” means buildings, steel tanks, steel vessels, pipes, tubes, fabricated sections, metal or wood frames, bulldozers and cranes carried on floats or other objects exceeding eight (8) feet in width and/or thirteen feet six inches (13’ 6") in height when loaded upon the vehicle used in the moving.
AllumW (Florida)
Posts: 68
Posted:
Thank you!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Our HOA allows portable basketball goals within the confines of a driveway. We do not allow permanent ones.
AllumW (Florida)
Posts: 68
Posted:
There is a portable basketball hoop in our neighborhood this is low and extends out into the street. Low enough to be caught by a bus's mirror an the mirror fell off. the driver got a ticket - but I wanted to make sure that the HOA isn't liable for not enforcing some rule about the hoop.

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