What recourse do I have if my HOA doesn’t approve our trampoline?
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What recourse do I have if my HOA doesn’t approve our trampoline?
After having the trampoline for 3 years, our HOA finally sends us a letter that tells us we have to apply for approval. The trampoline is really therapeutic for our son, 4 year old who has Sensory Integration Disorder, and his doctor tells us, that he probably feels most comfortable when he is bouncing on his trampoline. What options do we have?
Asked on September 20, 2011 under Real Estate Law, Texas
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This all depends on where the trampoline is located. If the trampoline is located in common areas outside, then the HOA can absolutely tell you to apply for approval. So this means this would become an agenda item to vote on. If this is the case, do your homework. Get the notarized affidavits from your doctor about his sensory disorder and what the doctor indicates is needed for therapy and how the trampoline can help. Next, review your HOA's bylaws and voting methods (you should have a copy of all HOA constitutions and bylaws since you are a member). Then, start thinking in your head if someone has complained or if it is the HOA president who seems to have a personal problem. Start counting on the voting who you think will vote to allow you to keep the trampoline. If all else fails, consider discussing this with your state attorney general and or city attorney and see if it has any prior cases on similar issues and what those results were and if those agencies can help you in obtaining the vote/approval you need from the HOA on the trampoline matter.
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