Question:
I have had a basketball hoop on my driveway for a year. Now the board is wanting to create rules where i’d have to take the basketball hoop down, because they could not prove it in previous rules that have been existing. is this allowed? Now i’m being targeted and feels unfair.
– Paris
Answer:
Hi Paris,
The HOA board typically has the authority to write rules and regulations that apply retroactively to the community as long as they’re in line with the CC&Rs. They must also enforce these rules on all homeowners. If they are only selectively enforcing it on you, you may raise this concern with the board.
Moreover, if the board previously approved your basketball hoop and they’re changing their minds now, you may also raise this with the HOA board. You may ask them to grandfather you in as they have previously approved the basketball hoop. However, if the board did not approve your basketball hoop before you built it, you may need to take it down. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
