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A MOTHER has been served a removal citation from her neighborhood HOA for her son’s basketball hoop and they are not happy.
Lindsey Van Winkle and her son Noah, 11, of Charlotte, North Carolina, tried to petition against removing the hoop but it was denied leaving them with no choice.
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“I would have never approved him getting the basketball goal as a gift,” Lindsey told Fox affiliate WXIN in Indianapolis in February 2021.
The mom and son are confused because the hoop has been up for seven years with no issues.
“I respect the rules, but I also feel it’s been (up) seven years with no issues,” Lindsey said.
Noah explained how many people were ok to keep it up from the petition.
“I don’t think they made the right decision,” Noah told WXIN.
“Even with the pandemic and people signing the petition, saying it doesn’t bother them or affect them.”
A SAD REMOVAL
The HOA told the Van Winkles they must move the basketball hoop to their backyard and then completely get rid of it by October 2021.
However, they have run into issues with having the hoop in the backyard.
The citation is also causing restrictions on Noah’s ability to practice.
“There’s just no way to work on his dribbling, three-point shots, or anything like that.
“When he does shoot, the ball’s going to go over the fence into the neighbor’s yard.
“So it’s just not feasible.
“There’s no room.”
Several neighbors are on the Van Winkles side and believe the HOA’s enforcement of the basketball hoop is harsh.
Neighbor Annie Buck believes there are other motives behind the citation.
What is an HOA?
One in five Americans live in an area with a Homeowners’ Association – or HOA. But what exactly is it that they do?
- An HOA is a homeowner’s association – an organization that aims to maintain a clean and cohesive place to live for its residents.
- Entire neighborhoods, subdivisions, condominiums, family homes, or townhouses within “a planned development” will often make up an HOA.
- They also act as a governing body for tenants, who run and fund the HOA through monthly fees.
- Their principal aims are to keep the community functioning and visually appealing and to maintain property values.
- They primarily focus on common areas of a neighborhood, such as roads, parks, and pools – but may also stipulate what residents can do with their properties, such as yards and driveways.
- Often these restrictions enforce uniformity on properties, for example, ensuring most houses look the same and all driveways are clear of weeds.
- An HOA rulebook of covenants, conditions, and restrictions (CC&R) is distributed to all residents, and an elected volunteer board of directors enforces these regulations.
- Breaking these rules can result in penalties such as fines and even litigation – as most HOAs are incorporated and subject to state law.
- HOAs are often the subject of controversy, with some members feeling that the rules are too punitive and restricting, or that the leadership has too much power.
- But others like that HOAs give communities the power of self-governance, and can ensure a degree of harmony between residents.
“I think it’s ridiculous,” Buck said.
“I think it’s a form of harassment.
“It really, really makes me sad, and disheartened.”
Another neighbor, Joyce, insisted the HOA should take into account how there is nowhere to shoot hoops without having one at home in their area.
“Unless you’re willing to put some basketball courts around this area, instead of building more houses they’ll be fine,” Joyce told WXIN.
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