Back yard - no trampolines or anything over 4 feet

Best to ask for permission than forgiveness in a HOA. It was stated they are not disallowed as long as submitted for approval. Which is what really this comes down to. Because it was NOT submitted for approval FIRST, then it's considered a violation.

Happens to have a neighbor whom put in a playhouse and trampoline next door. I have a privacy fence. Their kids jump on the trampoline can be seen from my bathroom window. They also like to throw things in my yard from the play house. Did I mention they did not get permission from the HOA for any of this? What I have heard they are getting fines as well. Seems they can't understand even though sent letters, that you have to ask for permission for such things...

Since the trampoline is over four feet tall, has the ARC suggested unit will not be approved?

It has not been suggested that the trampoline would not be approved, however, it would have to be accompanied by landscape design change to show it would be hidden from sight.

I'm confused.
When did that letter arrive?
Did your daughter complete said paperwork and submit for approval?
If they did, what was the Associations response?

You won't like it, but this is my opinion.

Under the section of the CC&Rs specifying approval needed prior to exterior changes, I believe your Association has the authority needed.

Regardless of when the trampoline was installed, the paperwork started 6 weeks ago. Hence, a new request as far as the Association is concerned.

The request was submitted and you haven't heard a response.
That is the argument to have the fine removed.

Explain that you were unaware of the requirement for prior approval for playthings, pointing out that those regulations have not been provided to the membership (note: verify it's not on a website or somewhere else).
You properly submitted the request for approval once you were aware of the requirement but have yet to receive a response.
Therefore, in light of the associations failure to respond prior to a fine being assessed, you request that the fine be waived and no further fines be applied until all avenues of approval have been exhausted and

Be polite.
Don't embellish.
Simply state the facts.
Send the letter certified, return receipt with a copy via first class mail to all board members.

This won't guarantee that you will get approval unless the plan is in accordance with the current guidelines (as those are the guidelines the approval is being sought under). However, the Board should at least waive the $25 fine.

Do not send it to the legal counsel unless the counsel is the registered agent.
Otherwise, you might incur a charge for legal services.

Often, the MC is the registered agent.

Steve,

At the same time, the OP is trying to get something from the Association (the approval) vs. simply waiving the fine. Sending anything to the attorney (to me) shows an aggressive stance. Best to try honey to catch the flies first.

I am sure they have a very good reason for doing so.

The OP is not "trying to get" anything. Due process has been completely ignored. You're looking at this situation the wrong way. If the trampoline was there before the rule, the OP does not need to seek approval at this point. If the association had outlawed trampolines after the fact, that would be a different matter and we would be having a different conversation.

Associations that put rules in place "after the fact" and then start fining owners with no other communication are absurdly managed at best.

Regards,
Steve

I'm wondering if "due process" is required in CO.

Also wanting to know if the CC&Rs say anything about "exterior changes" needing some kind of approval before the new guidelines were made.

Agree that the PM and the Board both are sloppy to not have sent the rule change to Owners in advance of suddenly starting to fine them.

In some states, like CA, a proposed rule change must go out for 28 days for owners comment before the Board may approve it in an open meeting.

Melissa, Cathy says Nope! See Cathy's post: [the protagonist] has submitted proof that the trampoline was in place prior to new rules or even prior to the committee being established.

Associations are nuts if they think they can require an after the fact application process.

Regards,
Steve

everyones an expert on the internet.

Wow I did not know I was "expert". Thanks for informing me of that status. Since never called myself an "expert" nor do I believe I am one. Nice to know others do think I am. Thank you again... I feel special now and you did that for me... (Sarcasm is my expertise though).

everyone's getting twisted up about submitting for approval and not paying attention to the OP saying the trampoline existed prior to the rule coming in to existence. I would think the HOA is on tenuous legal ground trying to retroactively create a citation that previously was not a problem.

We would have to agree to disagree.


Might want to reread what I wrote.

This isn't a change to the rules/restrictions that is the issue (even though it is in the eyes of the OP).
This is an issue in obtaining prior approval for an exterior change (which the OP did not do).

Now that a request has been submitted, the approving authority would/should evaluate the request on it's merits and under the guidelines currently in place.

Had the OP initially sought and received prior approval, then the issue would be about the new guideline and applying it to existing, previously approved, structures/equipment.

Adam,

I understand that you are going to an extreme to stress a point.

Many Associations have guidelines on grills. Condos are one example.

A planter pot near the front door, in town homes, yes. This is because failing to control things like that can lead to finger pointing when someone wants to put other decorative items out. However, agreeing with you that regulating this was a bit over the top, I was on a committee in my town home association that drafted a rule that items two feet by two feet were allowed without approval (thinking planters). Unfortunately, per the rules, we started to see statuary, gnomes, etc. be displayed. Sometimes in great numbers. Personal tastes differed and issues arose.

A patio set, to me no. However what of the covering for the set (thinking one of those giant umbrellas on their own stand)? Depending on the size of the property, these could cause issues for neighbors. One doesn't always want to see items stick above the fence line of neighbors.

I'll ask you some:

What about flags, signs, trees, hedges, tool sheds, etc.?

I said an argument can be made for the trampoline. Trampolines can be large and, depending where they are placed, pose a blockage of a view (lets not forget that the OPs Association doesn't allow fences). In my recent thread (asking what you might consider an exterior change), I pointed out that the decision of what to require approval on or not is up to the board (expecting that the language requiring approval is nonspecific).

I don't live in the Association being asked about. Hence, I don't really have a say in what they may or may not require approval.

I was simply pointing out to the OP that an argument can be made that such structures can be considered an exterior change, hence the need for prior approval (which the OP did not obtain). Showing a possible perspective from a boards point of view.