Basketball Hoops

Started by SusanO3 • 4 replies • 130 views

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SusanO3 (California)
Posts: 163

Posted:

We have homeowners taking sides on "portable" basketball hoops on our private roads. The parents want to allow their kids to play basketball on the streets, some homeowners worry about safety.

Our CCRs say very little, except that fixed basketball stands are not allowed. Portable stands are permitted to the extent of the Rules. Our Rules don't mention basketball stands at all, don't you love it!

Looking through previous threads this is not an unusual debate in HOAs.

How much can we insist on removal of heavy "portable" stands when "not in use" on the grounds that if there is an accident then the injured party will go after the homeowner who owns the stand AND the HOA because it has deep pockets.

Thoughts?

Sue

ElleN (Idaho)
Posts: 1,333

Posted:

You say these are "private roads." I will presume this means the HOA owns the roads; the roads are common areas; the HOA is responsible for their maintenance and so on. If this is not so, please say so.

On the one hand: An association has the right to create 'reasonable rules' concerning the use of common areas.

On the other hand: In the past the main land mine here has been when a rule might violate the Fair Housing Act's prohibition against discrimination against families with children. For example, a flat prohibition against kids playing in the streets would violate fair housing law.

On the third hand: The HOA is not prohibiting the kids playing in the streets. It is saying, "Play away. But all recreational equipment must be put away (taken off the street) when not in use." I think this is a reasonable rule concerning use of the common area that violates no law.

SusanO3 (California)
Posts: 163

Posted:

Very helpful Ellen, thank you. Sue

LetA (Nevada)
Posts: 2,679

Posted:

Simple rule, out of sight out of mind. My HOA take the position of the portable hoop must be taken back down after use, it can't
be left up for days on end. We had one fall over and a neighboring car was damaged from the hoop falling over in high winds.

DeanJ
Posts: 1,786

Posted:

Your declaration likely prohibits an owner from placing any thing in a common area. (Road).

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