Playground stuctures

Started by LuluT • 12 replies • 1620 views

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LuluT (Texas)
Posts: 5

Posted:

I live in a subdivsion that has outragous requirements for playgrounds. Not over 8ft tall and the play deck cant be more than 48inches from the ground! I talk to the place where I got my playground from and said they cant believe the Hoa is requiring all of that. I got my playground from the best rainbow playgrounds so what playground am I suppose to get? Ive seen a couple of rainbow playgrounds down the street from me and wondering why they are disapproving only ME! What am I suppose to do?

SusanW1 (Michigan)
Posts: 5,202

Posted:

WHERE are all these restrictions from? CCRs? If so, that's the rules.
Remember: HOA's bylaws or CCRs can be MORE restrictive than state or federal laws.

LuluT (Texas)
Posts: 5

Posted:

I dont know? I keep seeing CCR what does that stand for? and who are they? Im sorry Im not to familar with these terms.

MicheleD (Kentucky)
Posts: 4,491

Posted:

CC&Rs stands for the Deed Conditions, Covenants, and Restrictions, which are also commonly referred to as Deed Restrictions or Declarations. They are the binding restrictions that run with the land or lot that you purchased.

LuluT (Texas)
Posts: 5

Posted:

Thanks, Well what should I do if my other neighbors have the same type of playground as I do only difference is the color but same measurments, How can they have approved theres and not mine?

BrianB (California)
Posts: 2,820

Posted:

could be they never got it approved. could be the person who told you the rules was actually wrong. could be the rules are newer than your neighbors playgrounds. could be your neighbors are in a different HOA than you are (it happens... neighbor behind me was different than neighbor across the street).

MicheleD (Kentucky)
Posts: 4,491

Posted:

Your first step would be to get in writing exactly what is not approved about your request.

In other words, asking them what was at issue in your application, as opposed to asking us.

Sometimes a little clarification goes a long way.

Then ask them what sort/brand of play structure WOULD be approved.

We do not allow "prefab" sheds, with the exception of one particular model of Tuff Shed.

So rather than keeping people "guessing" as to which one it is, we made copies of the acceptable model and provide it to the applicants, even going so far as explaining why this one is kosher while the others aren't.

Plus, do you have a copy of your deed restrictions (CC&Rs)? Just curious.

LuluT (Texas)
Posts: 5

Posted:

Yes I do have a copy NOW! They had told me they would only give it 2 me when they had all the info that the title company sends them that I had bought the home. I just moved in on Feb 2008. I had bought my playground in 2006 so I had it already and spent about 4,000. If they had gave me the deed restrictions earlier I would have not paid 500. to have them come set up my playground, I HAD no idea that they had such strict rules in this subdivsion. Im having a hard time with this cuz it cost me $4,000!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I think Rainbow playgrounds are the best ones out there and NOT TACKY at all they are beautiful, I think the rules are just plain stupid!!!!!!!! this is what the playground looks like it was taken in my prev. house

LuluT (Texas)
Posts: 5

Posted:

the pix didnt show up sorry

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By LuluT on 05/08/2008 5:31 AM
Yes I do have a copy NOW! They had told me they would only give it 2 me when they had all the info that the title company sends them that I had bought the home. I just moved in on Feb 2008. I had bought my playground in 2006 so I had it already and spent about 4,000. If they had gave me the deed restrictions earlier I would have not paid 500. to have them come set up my playground, I HAD no idea that they had such strict rules in this subdivsion. Im having a hard time with this cuz it cost me $4,000!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! I think Rainbow playgrounds are the best ones out there and NOT TACKY at all they are beautiful, I think the rules are just plain stupid!!!!!!!! this is what the playground looks like it was taken in my prev. house

Lulu,

I'm not familiar with Texas law (although they were at one time considering adopting the UCIOA which is what our state law is based on), but the builder or previous owner may have violated the law by not giving you a copy of the CCRs, which are really deed restrictions, back when you agreed to purchase your home. Although you may have no recourse against the HOA, you may have recourse against the seller for some form of settlement for not providing the documents to you. You might want to contact a lawyer.

BruceF1 (Connecticut)
Posts: 2,535

Posted:

Quote:

Posted By LuluT on 05/07/2008 3:04 PM
I live in a subdivsion that has outragous requirements for playgrounds. Not over 8ft tall and the play deck cant be more than 48inches from the ground! I talk to the place where I got my playground from and said they cant believe the Hoa is requiring all of that. I got my playground from the best rainbow playgrounds so what playground am I suppose to get? Ive seen a couple of rainbow playgrounds down the street from me and wondering why they are disapproving only ME! What am I suppose to do?

Lulu,

What makes yours different from the others?

GlenL (Ohio)
Posts: 5,491

Posted:

Quote:

This unfortunately is what happens when people assume and don't read the CC&R's or get ACC approval. While I think it's more likely you just didn't bother to read the documents or get the proper approval until you had a problem. I'll take your argument that they refused to give them to you; that would be a huge red flag to most people that something wasn't on the up and up. And so you know for future these documents are available at the county recorders office to anyone whether they live in your Association or not. Have you applied for ACC approval or a variance?

BTW just how tall is your playground 10' 12'? You could dig down and bury the excess height.

Studies show that 5 out of 4 people have problems with fractions

MaryA1 (Arizona)
Posts: 7,043

Posted:

Lulu,

In AZ we have walls between the homes and around the perimeter of the lot; therefore most of the CCRs state nothing can be erected in the back yard that can be seen from the street or neighboring property. This rule means nothing can be taller than the wall, usually 6'. You may not have walls in Tx but I'm sure there are some restrictions regarding what type of structures you can place in your backyard. If the rule means you cannot erect that playground structure you paid $4,000 for then that's the way it is. The rules cannot be bent to serve one individual homeowner. The fact that some other homeowners may have playground structures similar to yours doesn't mean anything. You don't know when they were approved. Rules change and some homeowners' improvements are grandfathered in. What you have to abide by are the rules that existed when you purchased your property. Even if you find the BOD is selectively enforcing the rules by just singling you out, you're only recourse it to take them to court. THis will cost you a lot of $$$ and I don't know that you would be wise to start out as a new homeowner on the wrong side of the board. Not to mention the fact that a lawsuit really means ALL the members of the assn pay for the BOD's attorney, including you, through the assessments they pay. Oftentimes those people who sue the assn end up angering their neighbors even though they may have had a valid cause to do so. So, it's not something you would want to enter into lightly.

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