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Save Alyssa's Tree House

Discussion in 'Broadlands Community Issues' started by mtkeister, Mar 5, 2012.

?

What should happen to Alyssa's Tree House?

  1. Keep tree house up by working it out with HOA

    40 vote(s)
    53.3%
  2. Tear it down and break Alyssa's heart

    35 vote(s)
    46.7%
Thread Status:
Not open for further replies.
  1. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    ♠Is the entire house up in the tree? (I don't live near you apparently because I've never seen it with my eyes, and the photos are small).
    ♠How is it supported from the ground?
    ♠And if it's supported similarly to say, a deck, did you put the proper cement footers in and such? (Proper=inspection)
    ♠I would think this might move beyond what your neighbors think and into the county's arena.
    ♠Am I way off, people?
    ♠Do your immediate neighbors have any issues with it? (Just the structure, not the story, obviously)
     
  2. KTdid

    KTdid Well-Known Member

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    Sorry, but I think I understand you now and I have less sympathy for you because you willfully disregarded the rules that were established to avert a situation like this. You were hoping you would not get caught.

    What it says to me is you are more important than everyone else in the community regardless of the circumstances.
     
  3. boomertsfx

    boomertsfx Booyakasha!

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    I was just talking about the space between spindles... a child could get through them... I think ~4" is standard... unless that's not a real balcony area.
     
  4. marianne

    marianne Puppy Mommy

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    I think it is a very nice tree house.

    That said, unfortunately there are bylaws that we all have to abide by. You knew about the bylaws when you bought your home, but you chose to ignore them when you built the tree house. The consequences of this really suck ... the money and time you have put into this project may be lost, but do you really think it is fair to blame the modifications subcommittee for this? They are not the once that made a mistake.

    I also feel that your poll is written in a way to make a person that expects you to make changes to the treehouse that would put it in line with bylaws feel bad. "Take it down and break a child's heart"? You can take it down and make it an acceptable structure, and maybe your child's heart won't be broken because she still has her little retreat. Maybe you can change the design so it is not as large, I don't know enough about the structure to make a decision.

    Either way, it is up to you to come up with a solution that brings you into compliance, not up to the HOA to change the rules unless it would be in everyone's interest to do so, and that is really not the case. I know I don't want treehouses sticking out all over the Broadlands, but what's good for one home owner must be good for everyone else. When you live in a community like ours you have to keep in mind that every single rule must be applied to all home owners, and exceptions create opportunities for law suits.

    I do not mean to offend in any way, and I do understand your problem, but I am trying to look at this from the POV of the committee and how they have to apply the rules to everyone the same.

    Marianne
     
  5. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Hmmm, yes, bending the rules certainly would set a precedent.
     
  6. mamatothree

    mamatothree New Member

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    Legally, it certainly would!
     
  7. mtkeister

    mtkeister New Member

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    Everyone, you are mistaken about this. I did not go through the modifications process because I did not think it was needed for play equipment in my backyard. I made a mistake. Nothing I can do will undo that. :(

    I'm trying to salvage the situation, that's all. I don't want sympathy for myself either! The reason I started this thread is just to find out what others thought about my effort to save the tree house from destruction. I have put my daughters attachment to her tree house front and center because it is real. She has a greater stake in this than anyone and should not have to pay for the mistakes I made.

    mamatothree, if there is no flexibility in the interpretation of the guidelines or in how and what degree they are enforced, then why was I offered a chance to appeal? All of a sudden, I don't have a good feeling about this effort anymore. Am I wasting my time planning an appeal to the subcommittee?
     
  8. T8erman

    T8erman Well-Known Member

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    An appeal is part of the process for denied applications. If denied again by the Mod-Sub committee, a homeowner can appeal to the HOA Board.
     
  9. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Did you actually read the HOA Design Guidelines? You should have them and they are also available here on the website:

    http://www.broadlandshoa.org/filesh...+HOA+Design+Guidelines/035_Play_Equipment.pdf

    I'm curious as to what in the specific document linked above, titled 'Play Equipment', convinced you that going through the process was not needed in your case?
     
  10. msflynn

    msflynn New Member

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    The modification sub committee only has so much flexibility in what they do. They are bound by the guidelines that are set and established by the board or directors (who the community elects)
    Once a project has been denied and appealed to the Sub committee it can then move on to the whole board. It is part of the process that is set up by the bi-laws and yes it must be followed. Will you get a different answer from the sub committee - who knows. But if you don't like the answer you then have the board to appeal to. Since the board is the ones who established the rules they are the ones that have the most flexibility in making changes and or adaptations that they feel are in the best interest of the community.
    When I sat on the board there were times that the ideas of homeowners were accepted and created changes to the guidelines for the whole community, but there were also times when the board a agreed with the sub committee. There is no way of knowing with out going through the process.

    Hope that helps you understand why the appeal was offered.

    Staci
     
  11. lilpea

    lilpea Member

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    A few factual points I think we can agree on:

    1) You did not submit an application prior to building the tree house.

    2) Applications that the Subcommittee denies can be appealed both to the subcommittee and ultimately to the Broadlands HOA Board of Directors.

    3) The HOA and the Subcommittee's role is to enforce the Covenants that ALL homeowners are bound to when they purchase a home in our community. The Covenants Guidelines are equally enforced for all homeowners.

    4) Generally if an application is denied, the Subcommittee will work with the applicant in an attempt to help them "conform/alter" their request.

    5) If the same applicant/application and the Subcommittee are unable to find a resolution that conforms to the covenants guidelines. This will result a re-affirming of the original denial. Then your application will go before the HOA Board of Directors for appeal.

    6) In my experience: the HOA BoD will then solicit input from the Subcommittee and more often than not a Committee member (or two) will also attend your hearing to answers any questions the HOA BoD may have and to review the facts of the application.


    I feel bad for you and your family, this a very unfortunate situation that would absolutely been avoided if you had simply engaged the Subcommittee and/or the HOA prior to building your tree house.

    Keeping the tree house in it's current state, violates several guidelines. And keeping it would set a precedence as well as frankly a slippery slope for the Subcommittee and the HOA. I would suggest that you come to the Subcommittee table with the willingness to compromise. Your previous comments throughout this topic haven't really shown a willingness to compromise.
     
  12. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    Just to clarify for others reading through this - the application does not go the to Board of Directors for appeal automatically. After receiving a denial from an appeal to the Subcommittee, the resident then has the option to appeal to the Board of Directors. The resident will have to contact Maureen at the HOA office in order to get their case on the agenda for the next BoD meeting. Submitting an appeal to the Board of Directors is a voluntary process initiated by the resident after receiving a denial when their case was appealed to the Subcommittee.

    All appeals must be initiated/requested by the resident involved.
     
  13. twohokies

    twohokies New Member

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    I was wondering the same thing. We all signed the covenants when we purchased our homes. If we do ANYTHING to the exterior of our homes & yards, we should always be consulting the guidelines. I checked them before I planted 200 bulbs. You bet the average person would consult the guidelines before building a structure like this.

    My gut tells me that the family was trying to get away with it and not follow the rules. Then they were discovered...... the truth always comes out. I have a special needs child and NEVER think I am exempt from any rules, as hard as they may be. I'm sorry but there's a reason why HOA's exist and if people don't like the rules, they shouldn't move into the HOA. Plain and simple. Hopefully an agreement can be reached between the committee and the homeowner.
     
  14. Chsalas

    Chsalas Active Member

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    What type of bulbs are you talking about? Plants or lighting ?
     
  15. olive

    olive New Member

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    It's certainly not the HOA's responsibility to state whether or not it meets state/county code. Was a building permit applied for? It seems before this even goes any further with pressuring the HOA, the county should make an inspection... it just doesn't appear structurally safe and sound.
     
  16. shim

    shim shim

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    Sheesh, just stunned by some of these responses. MK if you can swing it you should lawyer up and play stall ball for a few years. I for one would rather live in a community that makes a caring exception than one that enforces the rigid letter of the bylaws. What's the real fear, a rash of tree house building for special needs children? Seriously people get off your high horses!
     
  17. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    And when your monthly dues go up because of growing legal costs and insurance costs, I assume you'll have the same opinion? :screwy:
     
  18. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    And when does the exception end? At what point will you draw the line? When I work on my old beater car in your front yard?
     
  19. shim

    shim shim

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    You mean like a special assessment for failed legal action against a telecommunications provider?
     
  20. rich351854

    rich351854 New Member

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    Mr. Linux - why would our insurance costs go up for something on an individual's property?

    And people suggesting getting building inspectors in for a tree house just sounds crazy.... Reality is they probably built this tree house and assumed nobody cared and that the HOA is there to protect us from somebody painting their house pink or not cutting their lawn, etc..... I am sure they knew they should have asked, but assumed it wouldnt be controversial so be it....

    Having special needs kids of my own.... i would suggest that you just find an alternative to the tree house should it be rejected with no clear resolution.... recognize one of your neighbors is a stickler for the rules... and give your child "an even better diversion".... as you wait for the actual proceeding you can facilitate getting a new thing approved building it and transitioning your child to it....

    I guess what I am stating is the amount of time and energy that would go in to this battle isnt worth it - you likely have enough on you plate already.
     
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