Basketball Hoop

Quote:

Posted By RichardP13 on 05/14/2019 11:35 AM
A rule on basketball hoops doesn't need to be in the CCRs, but the authority for the Board to create rules MUST. Rules must be "fair and reasonable". That must be the standard across the country. On the surface, unless there is a justification for the 15 foot rule, I can't find that rule meets the standard of fair and reasonable.

If I were on a board either they wouldn't be allowed, or they would have to be of the portable type and stored after use. It also depends on where there are local recreation facilities providing that activities or if the HOA itself has common area hoops. Where I use to live we didn't allow because we had a community park with two hoops.

Quote:

Posted By AugustinD on 05/14/2019 12:09 PM
Paul, who voted to implement the "Master Rules change"? Was it the Board or the membership? Are the Master Rules recorded with the county? (Covenants are recorded with the county.) The original covenants were recorded in 2013. I have not yet found the new Master Rules recorded in public records. The Board created and voted on the Master Rules Change. Directly below is how the rules change was delivered and voted upon.

"Rule Hearing Notice Provided: Notice was given the 9th day of February, 2017, to the members of the Arora Hills Homeowners Association, Inc. ("Association") that the next meeting of the Association's Board of Directors ("Board") will be held on the 23rd day of March, 2017, at 7:30 p.m. at the Arora Hills HOA Community Clubhouse located at 23030 Birch Mead Road, Clarksburg, Maryland 20871 and at that Meeting, there will be a Hearing on the Proposed Master Rules and Regulations. Owners unable to attend were advised to submit comments in writing.
At the meeting on March 23, 2017, the Board held an open forum under New Business to permit owners to comment on proposed Master Rules and Regulations. A copy of the proposed Master Rules and Regulations was attached to the Notice. At the conclusion of the Rule Hearing and at the Board Meeting, the Board voted to approve the proposed Master Rules and Regulations as distributed to Owners. The effective date of the Master Rules and Regulations is April 15, 2017."

I cannot tell: Would your hoop be in public view and in the rear of the lot? How about the two others already installed?

The other two are installed exactly in the same manner as we would put our hoop. I actually used a picture from one of the installations in my application last night. It would in public view in the alley as our home is a townhouse with a row of eight detached garages. The hoop would be installed above the garage door in a peak area.

The safety argument is bogus. Kids are allowed to play in the streets because federal fair housing law says disallowing such play discriminates on the basis of familial status. I am reading closely what you are writing and looking for a similar claim of discrimination against kids and so families with kids. I am not sure such a claim is there. For now, 'just saying.'

But by any chance, do you have kiddos who play basketball?

Yes, I have a nine year old that thinks he is Steph Curry.

I tend to agree with Richard and you that the 15-foot rule is arbitrary, not fair and not reasonable. The courts do indeed look for this standard when questions about covenants and their implementation arise.

Quote:

Posted By AugustinD on 05/14/2019 3:41 PM
Paul, I think the Rule violates the covenant. What you propose violates the covenant. Yes others got away with it, and yes, it looks like favoritism. But I think if push ever came to shove and this landed in court, the court would ignore the Board-made rule and go by the Covenant. The covenant 'runs with the land' is publicly noticed to all who buy into the HOA, and is considered a contract. I do not blame you for making the selective enforcement argument. But I do not like your chances.