MarcC4
Posts: 27
Posts: 27
Posted:
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?
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?