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jwilk1975

Guest
What is the name of your state? Virginia

There are currently two petitions going around my Neighborhood. One is to build a new playground and the other is to stop the construction of the new playground. The HOA/board members have stated that they are the board and will decide what to do. My question is, are there any laws or ways to stop the construction? The playground is being proposed to be built in one of the common areas. The homeowners that live adjacent to the common area do not want the playground built. Some of the owners that live away from the common area are the ones who want the playground built. Is there anything that the 25 or so owners can do to counter the board and the other owners to stop to put a hold on the construction of the playground? Thank you for your assistance.
:confused: :confused: :confused: :confused:
 


nextwife

Senior Member
Without being able to thoroughly read the homeowner's association documents, we cannot advise what actions the board is authorized to make on their own.

Is this a replacement of an existing play area? Is the play area being relocated? The board likely recognizes a need to locate one SOMEWHERE. The liability to the association of having the children playing in inappropriate,less safe areas is likely great enough that the association board felt the need to locate a play area somewhere, IF none now exists.

A RE attorney can review the HOA docs and advise what the board may or may not authorize without a further vote and what areas such construction may occur upon.
 
J

jwilk1975

Guest
Playground II

NEXTWIFE, Thank you for your reply!! Just to clarify the situation this is a 197 single-family home (SFH) association. The area that the playground is being proposed is adjacent to about 25 different SFH's of the 197. Those of us 25 or so do not want the playground adjacent to our residences. I plan on going through our HOA docs thoroughly tonight to see what this amateur can find/figure out. With that being said, the playground is a new one. There is no existing playground area. The community is only four years old and the HOA/board has just been turned over to the residents. For the most part, the people that live near the proposed site have lived there since the construction of their homes and I think it is safe to say would not have built on those sights knowing a playground was going to be built adjacent to their homes. There are local government community playgrounds and parks in the area within a mile or so.

To my recollection there is a requirement in the HOA docs that require a certain percentage vote by the community to proceed with certain things. Thanks again.
 

HomeGuru

Senior Member
jwilk1975 said:
NEXTWIFE, Thank you for your reply!! Just to clarify the situation this is a 197 single-family home (SFH) association. The area that the playground is being proposed is adjacent to about 25 different SFH's of the 197. Those of us 25 or so do not want the playground adjacent to our residences. I plan on going through our HOA docs thoroughly tonight to see what this amateur can find/figure out. With that being said, the playground is a new one. There is no existing playground area. The community is only four years old and the HOA/board has just been turned over to the residents. For the most part, the people that live near the proposed site have lived there since the construction of their homes and I think it is safe to say would not have built on those sights knowing a playground was going to be built adjacent to their homes. There are local government community playgrounds and parks in the area within a mile or so.

To my recollection there is a requirement in the HOA docs that require a certain percentage vote by the community to proceed with certain things. Thanks again.
**A: also keep in mind that there is additional liability and increased insurance costs for a HOA owned playground.
 

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