What to do if my HOA wants us to remove trampoline that’s up for 2 years and was verbally approved by an HOA board member?
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What to do if my HOA wants us to remove trampoline that’s up for 2 years and was verbally approved by an HOA board member?
Trampoline has a safety net that stands about 10′ in backyard. Finally building spec homes in the lots next to us, HOA now telling us I need to submit request for the tramp with plans to hide the structure or they’ll sue. However we got verbal approval from an HOA board member a year ago; additionally others have similar structures that have been approved without any requirements for hiding. CC&R make no mention of any play structures or tramps: “Structure means anything erected/constructed/located on ground temporary or permanent”; “No temp structure including but not limited to tents, shacks and mobile homes shall be placed at any time”. Given prior approval and time already up, can I win?
Asked on July 2, 2011 under Real Estate Law, Georgia
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
First of all the prior approval was not by the entire board of the HOA and not in writing. This is going to be a problem trying to use it as proof that you were approved for a violation of the rules in effect. But the fact that others are also violating the rules may work in your favor. You have to be treated in the same fashion as everyone else in the development. And if they were given approval and are permitted the structures then you can not be discriminated upon. I would seek help on a consultation basis from a real estate attorney in your area. Good luck to you.
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