💬 Join us to post & get advice from 50,000 HOA & Condo leaders.

Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in

GerryM (Maryland)
Posts: 2
Posted:
Our covenants basically prohibit and structure from being placed on a property. When we took over from the builder, we (the Design Review Board)made a decision to take any action regarding children play equipment. Swing set, trampolines, playhouses. Now we have deteriorating equipment throughout the community. Frankly, we can deal with that. My question is, can we give a waiver or take no action regarding play equipment but place a time limit on how long it can remain on the property. Like 10 years, until the children are 18 or must be removed when the home is sold.
It certainly makes no sense to not allow a swing set, but the covenants say no structure of any kind. How do we allow it and still get rid of unused equipment.
LetA (Nevada)
Posts: 2,679
Posted:
Honestly, I would let it go. No structure of any kind it way too vague, and not allowing a swingset could be viewed as discriminatory leading to an FHA action.
You may also be preempted by state or local ordinances that say otherwise.

For example, our CC&R's state trash cans cannot be stored beside the house. Well, our trash company changed the way they collect trash. They distributed two bins to every resident. The cans take up valuable real estate inside the garage, so people began storing their cans on the side of the house. Our State legislature had the foresight when the revised statutes regarding trash contract were drafted to prohibit state, local and HOA boards from taking action against people storing cans on the side of their home.
SheliaH (Indiana)
Posts: 6,964
Posted:
I gave my suggestion in the other post, but LetA makes some good points. read them both and then figure out what you want to do

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would let the new owner or the existing owner take care of the equipment. As kid's age and move out, you would think parents would want to take that down. A new owner may request removing the equipment as a condition of sale. The HOA may be able to declare the item an eyesore or a danger to remove it. Which may go over like a lead weight. As far as writing rules on it's restrictions, there is nothing stopping you all from doing that. Just follow the rules on how to do it.

Former HOA President
GenoS (Florida)
Posts: 4,276
Posted:
I'd be very careful about establishing any policy or rule that requires an owner to do something (like take down a swingset) before selling. Those restrictions should be in the CC&Rs because generally you lose any power over an owner once they sell. An owner could ignore whatever they signed and the new owner wouldn't be bound by it (unless it's in the CC&Rs). Owners can fly under the radar and sell their home before anyone else knows what's happening. Of course, if there are pre-sale conditions (such as a Certificate of Approval) that must be obtained before closing, you could make the removal a condition of issuing that certificate.

Side agreements between an owner and an association aren't generally enforceable against a subsequent owner unless the CC&Rs provide a way to do it.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Gerry

You had no restrictions on play equipment thus nothing to enforce. You could make some R&R's going forward.

I am assuming standalone homes or townhomes. Another way to attack the "rotting" play equipment might be in your Covenants under something such as Maintaining Community Standards. As an example let us say a house has rotting shutters, a falling down garage door, etc. How would go after those issues?

🎯 You've read this entire discussion

Join the conversation with 50,000 HOA & Condo Leaders:

  • ✓ Ask follow-up questions
  • ✓ Share your experience
  • ✓ Get expert advice
  • ✓ Access 350,000 discussions
Create Free Account →

⚡ Takes 30 seconds

Already a member? Log in here