Basketball Restriction

I need some help. There is an application for a homeowner to put in a permanent basketball goal in their side yard. The controlling restriction is worded as:

CC&R SECTION 6: “Clotheslines and portable basketball goals shall not be allowed. No bird baths, vegetable gardens, frog ponds, lawn sculpture, artificial plants, birdhouses, rock gardens or similar types of accessories and lawn furnishings, sand boxes or other children's play equipment shall be permitted in the front or side yards of any Lot and the installation or location of a swingset and/or permanent basketball goal on a Lot must receive prior written approval of the Architecture Review Committee.”

Based on the wording above, do you think permanent basketballs goals are allowed in the side yard?

For me I like to shorten the sentence and edit out the additional laundry list of words, so I get:

“No children's play equipment shall be permitted in the front or side yards of any Lot and the installation or location of a permanent basketball goal on a Lot must receive prior written approval of the Architecture Review Committee.”

To me “children’s play equipment” includes basketball goals. And the use of the word “AND” in the sentence connects the entire intent by linking “children’s play equipment” to the “basketball goal” later in the sentence.

So from this I get by implication: YOU CAN ONLY HAVE A PERMANENT BASKETBALL GOAL IN THE BACK YARD WITH APPROVAL OF THE ARC.

Your thoughts?

Interesting. So you think the NOT ON FRONT OR SIDE only applies to the first part of the sentence and NOT to the basketball hoop?

MarkW. That is my interpretation as well. Had the sentence been stopped with a period, and the final part been by itself, then that would be different. But I am trying to get a number of opinions.

This reads to me like you can install a permanent one with approval of the ARC,but it can ONLY be in the front of side yard.

I get what your saying about playground equipment and basketball goals, but it's usually easier to get rid of a swing set as opposed to a basketball goal. Perhaps this is being interpreted as the goal would be a permanent part of the house, similar to a satellite tv dish.

So what has your Board said about this? Is there an issue because someone want a the goal in the backyard and the board will only approve it if it's in the front or side of the house? Is there some reason why the requestor doesn't want it there?

I read it to say no portable basketball hoops are allowed in neither the front nor side yards. This means they are allowed in the backyard or side.

I also read it to say permanent basketball hoops are allowed anywhere on the lot, but do require permission from the ARC.

So I suppose that a swing set can be installed in the front right next to the basketball goal.

Jeez, MarkW, one would hope the ARC wouldn't permit such installation. Where in the CC&R, MarkW, do you plainly see it must only be in the back yard?

IMO, a side yard typically is too narrow for a Basketball goal, so if san ARC member, I'd vote to put it elsewhere. But we were asked to interpret the CC&Rs, not give our two cents about where we think it should be.

"The installation or location of a swingset and/or permanent basketball goal...” should be a new sentence but I think it is still separate from the first part. So, they would be allowed in side yards unless you consider it children's play equipment.

I would argue that a basketball hoop is commonly used by all ages. The fact that it says, "sandboxes and other children's play equipment" implies they are talking about young children. In my opinion, if it is not clear you should err in favor of the property owner.

The first line of the rule states NO PORTABLE BASKETBALL, so that restriction is very clear.
The issue is where can a permanent basketball net be placed.