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| 01/21/26 19:30:26 | [ Login ] [ Main index ] [ Post a new message ] [ Search | Check update time | Archives: 1, [2], 3, 4 ] |
| Subject: It's a matter of interpretation | |
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Author: Concerned Neighbor |
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Date Posted: Mon, Feb 23 2009, 17:54:47 In reply to: Brenda 's message, "Goals" on Mon, Feb 23 2009, 17:02:52 First, it is only a safety issue if the bb goals are in the street. Those in the street, as has been stated, are a city matter, and should be called into the city so that they can be dealt with. Remember, the streets are owned by the city, and are under their jurisdiction. The HOA has no jurisdiction over the streets. (BTW, this also nullifies several covenants) The "rules" that are being referred to are actually the board's interpretation of the covenants. A long time ago, a previous board interpreteted the covenants to mean that portable bb goals were ok, but permanent one's were not. Many people have put in portable bb goals based on that interpretation. If the board reverses that previous interpretation, then they are "changing the rules". Now, let's talk about interpretation. If the covenants were strictly interpreted, then no recreational equipment at all would be allowed anywhere but in the back yard of a house (i.e., to the rear of all lots). Guess what that means, no kid can ride a bike, tricycle, scooter, skateboard, play catch, play hopscotch, or any other recreational activity anywhere but in a backyard. And as for storing it in the garage or elsewhere in the house, forget it, against the strict interpretation of the covenants. Want to use the playstation or wii, have to go to the back yard, as they too are recreational equipment. Oh, and by the way, strict interpretation also means that the HOA itself is in violation with it's pools, bb court, tennis court and playground at the common area, as those things are not "to the rear of the lot", as the rear of the lot is undefined in the common area. As was asked previously, do we really want to have the board nit-picking the covenants? Here's a good example, the covenants read that "No house or other structure on any Lot shall be used for any business or commercial purpose." Guess what, all those that work from home, run a business out of their home, or even just use their home address as a business address are now in violation of the covenants. Should we start kicking them all out of the neighborhood now? At the very least, I suppose they will be getting a nasty non-conformance letter for the HOA telling them to stop working. Oh, and all those people that shoot fireworks at new years and/or 4th of July, start packing, you too are in violation of the covenants. I could go on, but I think you get the point. [ Next Thread | Previous Thread | Next Message | Previous Message ] |
| Subject | Author | Date |
| Interesting Interpretation | Newbie | Tue, Feb 24 2009, 9:22:46 |
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| Fireworks are allowed on certain days | Oooooo, Ahhhhhh | Wed, Feb 25 2009, 10:23:41 |
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