HOA Changed Rules on Basketball Goals

There are two things that stand out.

1) I see no mention of registration fees or annual fee,

2) This appears to be a recorded amendment (Exhibit) of the CCRs, which, if this were California, would have had to be voted on prior to being recorded with the County.

The fees are ridiculous, in my opinion - what did the board say when you asked them about this (you did ask them, didn't you?) Since your goal was built two years ago, it seems to me the board should have grandfathered in those homes and made the requirements for any new ones. If you have other neighbors that have had their goals as long as you, this should be pointed out to the board in no uncertain terms.

If there are noise complaints or crowds regarding your goal, you might want to ask for specific dates and times, and then have a conversation with whoever in your household uses the goals, emphasizing that this is THEIR goal and therefore, they need to ensure their friends and relatives respect their property by not acting crazy.

The board, not the management company changed the rules, right?

Thank you for providing the attachment. What has my attention in particular is this:

"pursuant to Exhibit “C” of the Declaration, the Board has the power and authority to impose conditions on basketball hoop and similar sports and play equipment in the Community;"

Assuming Declaration Exhibit C does say this, then I think the board is on pretty good ground to change the rules.

The courts say the board has to be reasonable when it creates rules. I'd say this also includes being reasonable when it changes rules. "Reasonable" is whatever the courts say tomorrow is "reasonable." Does the board have a duty to "grandfather in" hoops that were previously approved? Plenty of case law sides with an owner having relied on legitimate, prior approval of a HOA before choosing to spend significant money on some architectural-type feature.

You can write a polite, emotion-free, just-the-facts letter to the board discussing how you spent a lot of money based on prior approval of a permanent hoop; say you're not a lawyer but your understanding is the courts would likely agree with you that your hoop should be grandfathered; ask to be allowed to keep the permanent hoop; but otherwise, you will pay the fees and follow the rules about basketball playing time. If the board says no, then you are stuck with lawyering up and spending time and money fighting this rule change, with no guarantee of success.

I think fees like that the board is now imposing may be legally justified as "reasonable." The manager has to keep an eye on the hoops and address problems. Billing individual owners who have hoops might be lawful. I will ponder. Let's see what others think.

Neighbors have engaged in litigation over basketball bouncing noise over the years. I cannot say the basketball players and hoop owners always win. I think the noise is seen as not a trivial issue. I would support rules restricting playing time

5 pages to enforce basketball hoop policy? seriously? you gotta vote that board out asap. that got some major ego problems.
What do your CCR's say about hoops? if they dont' say anythign and this policy was never voted upon by the membership then it might be illegal.

Well I can't say I've ever heard of an HOA basketball tax!

The attachment specifically states that no hoops are allowed on common areas so the new rule does not apply in this situation.