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GuyA (Illinois)
Posts: 21
Posted:
New HOA board member here for a small development (42 units).
Portable hoops are allowed with board approval in the back of the home, but not in front.
Housing footprints are small and families with children would like the activity out front.
I've read very good posts here about concerns and guidelines. I'm looking for feedback about liability
should a child get hurt either in the driveway, sidewalk, or street. Thank you for your time and effort.
SheliaH (Indiana)
Posts: 6,964
Posted:
That question is probably best addressed by your association's master insurance carrier (they insure the community common areas).

As a practical matter, there could be a safety issue with kids playing outside in a driveway, the ball goes into the street just As a car comes down the block and you can guess the rest. Or the house where basketball is being played is close to a common element like a clubhouse and the ensuing play ends with the kids chasing the balloon continue clubhouse grounds and something gets broken.

Before I moved into my community, there was a basketball half court off the cup we sad that the association put up. It was very popular, but soon people from outside the community would come over and use it, and they'd play all night and sometimes fights would start and in a few cases, the cops had to be called.

The net was gone by the time I moved in and eventually, the court was removed. So that could be part of the reason your board is saying no. As for the families, they knew the rules when they moved in, and although I'm sure most out the goal away at night, some won't and then you have to deal with the thing possibly going into the street and someone running into it.

Whatever happens, the association might get sued for not enforcing the rules and Now someone's hurt or there's property damage. A lawsuit wouldn't necessarily mean the association would lose, but I suppose they don't want to take the risk.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
GuyA (Illinois)
Posts: 21
Posted:
Thanks for the insight. Properties here are evenly divided with early retirees and families with children various ages up to junior high. Interest is primarily from a couple families living in the cul-de-sac portion. I believe right now the majority of owners will vote no if it goes that far. I really do thank you for the feedback. Guy
SteveH35 (Washington)
Posts: 339
Posted:
Quote:
Posted By GuyA on 06/17/2022 2:35 PM
New HOA board member here for a small development (42 units).
Portable hoops are allowed with board approval in the back of the home, but not in front.
Housing footprints are small and families with children would like the activity out front.
I've read very good posts here about concerns and guidelines. I'm looking for feedback about liability
should a child get hurt either in the driveway, sidewalk, or street. Thank you for your time and effort.

If you did not have a reasonable alternative (back of the property) already in place or were unfairly targeting children by forbidding them from certain activities that are allowed by adults, you might have a problem. That does not seem to be the case, but just to reiterate: any human or animal could be injured doing any number of things in a driveway, on the sidewalk or in the street.
DavidG45 (Delaware)
Posts: 994
Posted:
Quote:
Posted By GuyA on 06/17/2022 2:35 PM
New HOA board member here for a small development (42 units).
Portable hoops are allowed with board approval in the back of the home, but not in front.
Housing footprints are small and families with children would like the activity out front.
I've read very good posts here about concerns and guidelines. I'm looking for feedback about liability
should a child get hurt either in the driveway, sidewalk, or street. Thank you for your time and effort.

Does the HOA own the driveways, sidewalks, or streets?
LetA (Nevada)
Posts: 2,679
Posted:
Quote:
Posted By DavidG45 on 06/18/2022 12:13 PM
Posted By GuyA on 06/17/2022 2:35 PM
New HOA board member here for a small development (42 units).
Portable hoops are allowed with board approval in the back of the home, but not in front.
Housing footprints are small and families with children would like the activity out front.
I've read very good posts here about concerns and guidelines. I'm looking for feedback about liability
should a child get hurt either in the driveway, sidewalk, or street. Thank you for your time and effort.


Does the HOA own the driveways, sidewalks, or streets?

Many people today just don't care, they do what they want to do. In my HOA the rules are clearly published and reiterated in the newsletter. Warnings do go out.
As to liability, the liability lies upon the person owner of the home. A few years ago someone had a basketball hoop fall on their car when it was windy. They tried to go after the
HOA. The home was a rental and the renters did not have renters insurance and the listed homeowner fought it and lost.

The problem with modern homes is the driveways are sloped and the streets are flat. People are lazy and do not want to drag
a basketball hoop to the front and back between uses. So suffer the consequences.. I honestly don't feel a permanent hoop request would be
denied in the front of house, but since the driveways are sloped, that would not make it ideal to instal one in the front. I do see some
in my neighborhood that install permanent hoops in the backyard, maybe 5 out of 300 homes.
GuyA (Illinois)
Posts: 21
Posted:
Thank you for the response, appreciate it. G
GuyA (Illinois)
Posts: 21
Posted:
Good question. Driveways and sidewalks are owned by the HOA. Streets are city owned. Thanks.
GuyA (Illinois)
Posts: 21
Posted:
Excellent feedback, thank you. I never understood the attraction of a sloped surface with a basketball hoop.
JasmineC (New York)
Posts: 2
Posted:
And thanks to you too GuyA, Your post helped me out too!
GuyA (Illinois)
Posts: 21
Posted:
You're welcome, Jasmine!

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