Shed vs Play Equipment

Hello,

My partner and I are currently having a disagreement with our architectural committee and management company about a play structure that looks like a shed that was built in our neighbors rear lot that is visible across the wash. This was approved as a playhouse.

We believe there was no consideration of neighboring property as well as the aesthetics or elevation of this outbuilding as stated in the guidelines. This can be seen from every window in our backyard and across the street.

We are requesting from the Management/Board to have the resident screen this off as the requirements are listed in the guidelines for a shed or have management plant vegetation in the wash to lessen the visual impact from inside and outside our property, but are not receiving any give. This outbuilding is an eye sore and there are several residents in our area that are also impacted by this and would appreciate a resolution.

The next Board Meeting is end of July to appeal this decision.

Any insight, suggestions on this would be helpful as this is my first time in this situation.

Thanks!

What bothers you about it? Many ARC committees follow a simple standard for ARC request. As long and these ARC request do not skew from the set standards they are approved without question. When ARC request fall outside the standards BOD discuss among themselves to grant or deny the ARC request.. ARC request rarely are never an agenda item.

Typically the person seeking the ARC request visits their 4 adjoining neighbors to sign off and submits the ARC to the HOA.

Nothing is stopping us, but how is it fair that we now bear the responsibility of buying a tree, watering a tree, maintaining a tree for a large structure that should've had more consideration for neighboring properties. Especially with an open view fence along with a higher elevation.

The arc committee didn't do their due diligence with this and that is a travesty in any community as this now sets the standards for future outbuilding such as this to be constructed and could certainly lower property values.

If this structure complies with architectural standards for your community (as written in your governing documents), then the HOA has no choice but to approve it. You can fight it legally, but courts tend to come down on the side of homeowners' right to use their property as they choose - in other words, you're unlikely to win this.

If the "eysore" is in fact a violation of your governing docs, and you can point to the restriction that forbids such things, that's a different matter. You may actually win that argument, but you'll have to consider the cost of doing so (time, effort, money and aggravation).

All sheds must be screened from view to minimize the visual impact from surrounding property or common area.

This is what's written for shed. This structure is 80 sq ft by 10 ft tall which is the maximum sq footage and 3 feet taller in height than shed requirements. Because of the open view fence and elevation gain in their property it's a significant impact the arc committee failed to consider. 5 homes can see this clearly, one that is 300+ ft away from the outbuilding.

This was approved under play equipment as a play house, but there's no distinction of this. Play equipment is slides, monkey bars, teeter totter. Stuff you see at a park. Do you often see 80 sq foot 10 ft tall enclosed structures at your playgrounds?

So once it's approved as it stands, there is no use in fighting this anymore?

Got it-thanks for everyone's input!

Take pictures and print copies for each member of the committee.
This way, they can see what you are talking about.

It depends on the schedules of those on the committee.
They may simply think the photo is enough.

One thing to remember is that not everyone will see this the same way.
You may see it as an eyesore. Others may not.

As an example:
I have a friend who complains about seeing the top of a boat in the neighbors back yard.
I have seen the issue in person and don't have an issue with it.

As someone else posted, the quickest resolve to your issue may be for you to install some screening (a tree perhaps) in your yard.

To be more clear, I would add "if it was approved and complies with the covenants... " Because if the playhouse does not comply with the covenants, and the ARC approved the playhouse, then a court might very well throw out the ARC's approval.