Hammock on Common Grounds

Started by MikeP13 • 17 replies • 244 views

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MikeP13 (Massachusetts)
Posts: 2

Posted:

A neighbor of mine in our 49-unit townhome community wishes to use a hammock on the grassy area behind his unit. When not in use, he leaves the metal base beside his bulkhead and the back door and without the hammock rope, itself. The management company asked him to remove it, as someone may have complained that it looks unsightly, and we have had owners in the past request that any items that do not normally belong outside overnight be stored inside. The association has always allowed planter barbecue grills behind units throughout the year, and tables, chairs and benches from April 1 to October 31. What should the current trustees be saying about this hammock? The owner is a trustee, himself, and leaves it where he does to avoid children playing on it or getting injured. He claims there isn't enough space in his bulkhead for the base because he has bicycles there.

KerryL1 (California)
Posts: 14,550

Posted:

Sorry to be so dense. What is a "bulkhead?'

Does your HOA have any written rules about leaving any personal items in the common areas?

TimB4 (Tennessee)
Posts: 21,059

Posted:

Anything left on common area is a liability issue.
We don't allow it.

If the backyard is fenced, then we didn't care what was in the enclosed rear yard.

If the backyard is not fenced, hard to say without looking at your governing documents and design of property.

Being retired Navy - a bulkhead to me would translate to a wall.

LynneV1 (South Carolina)
Posts: 211

Posted:

My thinking is, if it's a townhome, you own the building and a portion the land behind it.
I had lived in several and they had two wood fences on each side of the owner's units. If you keep a hammock in those two fences, isn't it on your property. I don't see what the issue is. Are they concerned if he left the hammock up, it would be OK, but because he brings it in, it's unsightly? Is a Chase Lounge or a small patio table allowed?

LynneV1 (South Carolina)
Posts: 211

Posted:

GregoryT1
Posts: 315

Posted:

hi MikeP,

If the grass area is officially common area then he needs to move it. This is depending on how the condo docs are written up. This will be a test for the condo board. It seems he was already contacted to move it and is not listening. Understand you are in a townhome. I lived in a condo where I had a cement patio. Nothing was allowed in the grass area since that was common area. The patio had rules on what can go there. They even dictated what type of grill and how far away they want to keep it away from the wall. It looks like he is not listening, Keep us posted on the developments of this. Good situation to discuss on this forum.

CathyA3 (Ohio)
Posts: 6,299

Posted:

Townhome communities can either be an HOA/PUD (where the owner owns the building and some land) or a condo (where the owner does not own the exterior or any land). "Townhome" is a style of home construction - you can't necessarily tell from the outside what the legal underpinnings are. You need to look at the community's CC&Rs to determine this.

So this is the first thing that has to be answered.

In general, personal belongings can't be permanently installed or kept on the common elements. There are the liability issues, as Tim mentioned. The item will also interfere with maintenance of the common elements. And many CC&Rs have language stating that all owners are entitled to use the common elements and that no owner may interfere with another owner's rights.

Long story short, this is probably a "no".

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Mike

You said The association has always allowed planter barbecue grills behind units throughout the year, and tables, chairs and benches from April 1 to October 31

I say this should apply to the hammock.

KerryL1 (California)
Posts: 14,550

Posted:

I ask again: Is there any rule that owners 'personal items may not be kept in the common areas?? If no rule, and liability concerns acknowledged, all the HOA can do is "request."

This HOA Board should make rules about this topic, assuming their CC&Rs permit them to.

As a non-US Navy sailor, the bulkhead on each side of the a sailboat are sort of wall, but they're also opening between one wall and substantial wall, thus, things are stood in them, eg. land lines, bumpers ,

It sounds like there's a bullhead on the side of the TH or, perhaps on the side of a wall between lots, in which items can be stored. We know that bicycles fit in them. re thee any Fues bout these bulkheads? Are they mentioned in the CC&Rs?

No personal items of any kind can be placed in ur convo omen areas, but the rule is in s writing and is very clearly stated.

KerryL1 (California)
Posts: 14,550

Posted:

our "condo common areas"

KerryL1 (California)
Posts: 14,550

Posted:

I ask again: Is there any rules that owners 'personal items may not be kept in the common areas?? If no rule, and liability concerns acknowledged, all the HOA can do is "request."

This HOA Board should make rules about this topic, assuming their CC&Rs permit them to.

As a non-US Navy sailor, the bulkheads on each side of the sailboat are sort of walls, but they're also opening s or alcoves between one wall and the -- the hull--substantial wall, thus, things are stored in them, eg. land lines, bumpers.

It sounds like there's a bulkhead on the side of the TH or, perhaps on the side of a wall between lots, in which items can be stored. We know that bicycles fit in them. Are there any rule about these bulkheads? Are they mentioned in the CC&Rs?

No personal items of any kind can be placed in our condo common areas, but the rule is in writing and is very clearly stated.

KerryL1 (California)
Posts: 14,550

Posted:

Drat--double post.Please read 2nd one.

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Bulkhead doors:

https://www.basementsupply.com/collections/bulkheads?srsltid=AfmBOoq8kOj6_ilmnp7MsZGllHE1nKTnUPqsLfjNyJGEey1OwtJ15gG1

DeanJ
Posts: 1,786

Posted:

If you area is common area, it is likely your declaration prohibits the storage of any items in it.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By MikeP13 on 08/21/2024 1:28 PM

He claims there isn't enough space in his bulkhead for the base because he has bicycles there.

Side note: Not an excuse. This would be the owners problem, not something the HOA should even take into account.

TimB4 (Tennessee)
Posts: 21,059

Posted:

Quote:

Posted By JohnC46 on 08/22/2024 12:39 PM
Bulkhead doors:

https://www.basementsupply.com/collections/bulkheads?srsltid=AfmBOoq8kOj6_ilmnp7MsZGllHE1nKTnUPqsLfjNyJGEey1OwtJ15gG1

Thanks John.

Explains the use of the term in this thread.

MarshallT (New York)
Posts: 414

Posted:

Unfortunately I think you will need to request that the owner remove the base since it is common area space and he has no intrinsic right to keep his stuff there.

If you are worried that the HOA has already let others keep their stuff on common grounds and it is unfair to pick and choose what can go there, you could place the same limit (April to October) on the hammock. But, more people may ask to keep items in that area if you allow this trustee to keep the hammock there.

CathyA3 (Ohio)
Posts: 6,299

Posted:

If the board chooses to allow personal items on common area, remember that the association is liable for accidents/injuries on association property, especially ones resulting from man-made hazards. Given that the association has no ability to control how well-maintained these items are (*), these are accidents waiting to happen. (* When I say "no control", I mean that there is no practical way to insure that these items are being maintained. The hOA can make a rule, but if there is no reasonable way to enforce it, then the rule essentially doesn't exist.)

When I was a kid, I loved to use hammocks as swing sets. I'd rock the thing back and forth until it tipped over - that was the goal. And these were sturdy, well-maintained items. Imagine kids like me on common area...

And there's the practical issue of the items getting damaged and the owner wanting the association to compensate them. Even if that goes nowhere, it's still a distraction that busy boards don't need.

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