Question:
I am looking to install a natural playground for my daughter on our property which is fenced in. The HOA refuses to approve because it will be visible to the adjacent neighbors backyard. I stated that our rear neighbors playground is 100% visible from our backyard, as well as a dozen others in the neighborhood who’s playgrounds can be seen by simply driving through the neighborhood. My adjacent neighbor is a board member without children and I feel they are unfairly blocking our request. What can I do?
– Adriane
Answer:
Hi Adriane,
Kindly verify the rule in the governing documents regarding playgrounds. If you are not in violation according to the rules, you may gather evidence and raise this with the board. However, if there are rules against visible playgrounds but only you are being prohibited, then this may be a case of selective enforcement. You may gather evidence of the selective enforcement and raise your concerns with the board or at a board meeting.
If all else fails, you may remove the problem board member(s) according to the provisions in the governing documents. The Pennsylvania Uniform Planned Community Act Section 5303(f) also states that the unit owners may remove a board member by a two-thirds vote at a meeting with a quorum, with or without cause. For further guidance, kindly consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
