To bad it isn't a nicer swing you hung up; you could likely get support from the neighbors to change it. The one you chose to hang looks like you removed it from one of those indoor swings and then just chained it up. More effort on the front end might have avoided all of this.

Put in a wooden swing and throw a scarecrow in there flipping everyone off.....

Seems like an attractive home in a nice neighborhood. Swing looks like crap. Take it down and move to backyard. Fighting with the HOA is a losing proposition. After your 2nd notice, there will be X days to cure and then fines will most likely start. You can fight it, but it will cost you attorney money and the HOA will use their attorney and you will fund that at your pro rata share. It is not worth the hassle. I see that they are using a management company to administer the Rules/Enforcement regs. This further complicates your position. Neighbors are sending complaints and the management company will just go down the list of penalties until the problem goes away. Background: I have been on 4 HOA boards in my adult life including president. I handle things differently in the boards I run. We go talk to the homeowner and come up with a solution that works for everyone. All of the complainers are notified that we talked about it like adults, came up with a reasonable solution and everyone goes back to their normal life reasonably satisfied. Only twice in my 25 years of doing this have homeowners dug their heels in and failed to comply due to a warped sense of non compliance. The first instance cost them $11,000 in demolition and $15,000 in HOA attorney fees. The judge required them to pay in full in 30 days or go to jail. The second instance resulted in a $33,000 payment for daily fines and and HOA attorney fees. This was paid just before trial and had they gone to trial, it would have been much higher. .

I surely thought this was going to be a violation for flying that ugly ass Cougar High flag.

Flying of vocational and/or commuter school flags should be a by-law of every HOA.

coolerguy12 said:

---

Martin Q. Blank said:

---

coolerguy12 said:

---

That's the point of this poll. So far a little over 75% of people don't care

---

Article VI Section 3 of your deed:

Quote:

---

Amendment. The covenants and restrictions of this Declaration shall run with and bind the Property for a term of twenty (20) years from the date hereof, (Feb. 20 1980), after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-year (20) period by an instrument signed by not less than seventy-five percent (75%) of the Owners, and thereafter by an instrument signed by not less than fifty percent (50%) of the Owners.

---

Get campaigning.

---

The problem is I don't know what to change in the documents. If there were somewhere in the documents where it said I can't have a swing in the front yard I would still be annoyed but I would agree that I signed it when I bought the house and take it down. So far the only thing they have told me is I have to take it down because the board decided swings can't be allowed in front yards. I'm not going to live my life under the direction of a board of 5 people that can arbitrarily make rulings on whatever they please.

---

Better get to packing then. Unfortunately you signed up for it when you bought the house.

Only other option is to campaign for replacements for the board members.

just put it in the back yard and move on with your life.

I don't have a good spot in the backyard for it. Trees are way younger back there.

Plus I enjoy meeting my neighbors while being in the front yard. Half the neighbors I know I have met while out there pushing my daughter in the swing.

91_Aggie said:

---

In the end, the OP chose to buy a house in a neighborhood with an HOA.

You can hate HOAs all you want but you signed up for it when bought the house.

Be an honorable man and honor what you agreed to.

There's also an AESOPs fable with a moral that applies here as well:
"You knew I was a snake when you picked me up"

---

I've never understood people being shocked that an HOA has power over them when they willingly sat down and signed a ton of documents giving the HOA power over them.

coolerguy12 said:

---

Election is in March. I'm planning to get on the ballot to make my neighborhood great again.

---

I respect this. I was on my HOA board and we were reasonable. I moved to a non-HOA neighborhood and the previous board went insane.

In the first instance, the homeowner built his home on one lot, and on the second adjacent lot that he also owned, constructed a garage made from materials that did not match the house and were below the standard set by the deed restrictions. He was notified that it was not approved. He told the HOA to pound sand. Got his notices and then the daily fines started. HOA filed suit, judge ruled in HOA favor. Tear it down and pay HOA attorney fees.

The second one involved a different neighborhood. This is a high end community with pretty detailed and specific deed restrictions. All of the lots also had a building envelope that the improvements had to be contained within. This particular owner decided upon himself that he would build the home outside the building envelope in order to have a better view. This detracted from the adjoining property owners view and messed up the conformity rules of improved properties along the ridge. Notified the required number of times. He ignored it and put up the forms for slab. Injunction ordered. Ignored and brought in concrete trucks. HOA filed suit. As the suit warmed up and depos and dates set, he decided to settle. Daily fines and attorney costs were significant. If he had gone to trial, he would have lost and the amount paid could have easily tripled.

I have zero issue with the HOA in these instances. Our documents are very clear that if I want to build something the architecture review committee has to review it. I plan to build a shed in my backyard at some point and I'll go through that process. The problem is they are misusing the restrictions to say that any exterior improvement (I was told planting a bush applies here) has to go through the review committee. By that logic I need approval to mow my lawn or power wash my driveway.

This is why I bought an older house in a subdivision built in the 70's. No HOA!

Also, it was the most we could afford. There was also that.

But mostly, no HOA.

coolerguy12 said:

---

I have zero issue with the HOA in these instances. Our documents are very clear that if I want to build something the architecture review committee has to review it. I plan to build a shed in my backyard at some point and I'll go through that process. The problem is they are misusing the restrictions to say that any exterior improvement (I was told planting a bush applies here) has to go through the review committee. By that logic I need approval to mow my lawn or power wash my driveway.

---

Power washing a driveway is cleaning, and mowing is maintenance, neither of which need approval by typical HOAs. Those are not 'improvements', other than literal.

Planting a bush is a permanent improvement, so it needs approval. Planting something in a pot is not permanent, and therefore does not need it.

It's all really clear and simply if you ask me.

Oh, and my opinion, that swing is a tad unsightly. At least get one that isn't bright pink, or put it on a branch that is between the tree and the house.

Our HOA needs to be more nazi in my opinion. Got boats, trailers, etc parked allover the damn place. not to mention weeds taller than the allowed 6". The xeriscape that gets approved as passable is garbage too. Looks like over grown landscape.

62strat said:

---

Oh, and my opinion, that swing is a tad unsightly. At least get one that isn't bright pink, or put it on a branch that is between the tree and the house.

---

That's totally valid. Given the option to replace it with a better looking swing I would have no issue with. Unfortunately I'm not afforded that option.

coolerguy12 said:

---

62strat said:

---

Oh, and my opinion, that swing is a tad unsightly. At least get one that isn't bright pink, or put it on a branch that is between the tree and the house.

---

That's totally valid. Given the option to replace it with a better looking swing I would have no issue with. Unfortunately I'm not afforded that option.

---

I think you need to get a clarification on what "unsightly" means and try to reason with them instead of expending energy to make them the bad guys.

coolerguy12 said:

---

Martin Q. Blank said:

---

coolerguy12 said:

---

That's the point of this poll. So far a little over 75% of people don't care

---

Article VI Section 3 of your deed:

Quote:

---

Amendment. The covenants and restrictions of this Declaration shall run with and bind the Property for a term of twenty (20) years from the date hereof, (Feb. 20 1980), after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended during the first twenty-year (20) period by an instrument signed by not less than seventy-five percent (75%) of the Owners, and thereafter by an instrument signed by not less than fifty percent (50%) of the Owners.

---

Get campaigning.

---

The problem is I don't know what to change in the documents. If there were somewhere in the documents where it said I can't have a swing in the front yard I would still be annoyed but I would agree that I signed it when I bought the house and take it down. So far the only thing they have told me is I have to take it down because the board decided swings can't be allowed in front yards. I'm not going to live my life under the direction of a board of 5 people that can arbitrarily make rulings on whatever they please.

---

coolerguy12 said:

---

62strat said:

---

Oh, and my opinion, that swing is a tad unsightly. At least get one that isn't bright pink, or put it on a branch that is between the tree and the house.

---

That's totally valid. Given the option to replace it with a better looking swing I would have no issue with. Unfortunately I'm not afforded that option.

---

Do you not have a 'design guidelines section' of your HOA docs? That's what we have that goes over anything and everything you can have in your yard or on your house, and all the rules and restrictions of such items. it's not the 'bylaws' or article of incorporation, it's specifically called Design Guidelines. For instance, it addresses flags; freestanding must be committee approved. Attached to house does not need prior approval.

Mine specifically says:
Play structures and swing sets; Committee approval is required. Play structures, including swings, playhouses, and jungle gyms must be rear or side yard.

Then talks about size restrictions and must be maintained, etc.

This is one of those times when being a lawyer pays off. HOA threats are responded to in kind. Now my HOA board knows their place. I'm happy to follow the rules, but if you nitpick me, I will end you.

Just looked at our HOA covenant. 1500 pages!

Not once does it mention anything about swings or kids toys or anything. The only thing they have come at me with so far is that it's unsightly and that any improvement needs a permit. They are taking the most liberal interpretation of the documents and then going even further than that.

The swing looks to be in new condition and it is certainly no eyesore. Just contact the HOA and communicate with them that you have no other suitable tree for the swing and that you wish to keep it until such time that your child is old enough for a swing set. Or you could just buy a swing set now and hang the pink swing in one of the swing slots. Easily remedied, just communicate.

Ask them why they hate children.

coolerguy12 said:

---

Not once does it mention anything about swings or kids toys or anything. The only thing they have come at me with so far is that it's unsightly and that any improvement needs a permit. They are taking the most liberal interpretation of the documents and then going even further than that.

---

Add the text above to Article V.

"Play structures and swing sets in public view; Committee approval is required."

In fact, the swing could be an "improvement." Just submit plans and specs to the ARC for approval.

Quote:

---

Section 2. ARC Approval Required. No buildings, additions or improvements shall be erected or placed on any Lot until the construction plans and specifications, including, but not limited to site layout, building location, building materials, colors, and elevations, have been submitted to and approved in writing by the ARC as hereinafter provided. In the event ARC fails to approve or disapprove such plans and specifications within thirty (30) days after the receipt thereof, they shall be deemed to be approved and the related covenants set out herein shall be deemed to have been fully satisfied.

---

I would cut down the tree in protest.