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Save Alyssa's Tree House

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

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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%
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Not open for further replies.
  1. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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    Sheesh, Shim, What's YOUR sign??
     

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  2. T8erman

    T8erman Well-Known Member

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    And where do the exceptions end if approved? The vast majority of homes in Broadlands are on smallish lots and have a house immediately adjacent and immediately behind. WHAT IF Mr. Keister's neighbor's just love his treehouse (and it is BIG) and all want one of their own. Precedent has been set and I guess we approve each and everyone. You now have a psuedo raised townhouse row in between the actual houses, wouldn't that be lovely. But of course, the board could deny saying, "sorry, but your neighbor already has a treehouse so you can't". Or does something of this scope get approved for those who have a truly special need? Does the HOA start verifying medical records before approving an application? ADA compliance is one thing, do not think a tree house falls under that.

    Most applications on their own that are controversial are actual not bad, IMO. But stick a large treehouse in many yards and see what it looks like. But I guess the reason you are stunned is that you cannot see beyond your own yard.
     
  3. Mr. Linux

    Mr. Linux Senior Member & Moderator Forum Staff

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    The insurance could go up because of the legal action against the HOA. It could increase our liability insurance costs because we could be viewed as having higher risk. Insurance companies will look at anything that looks 'negative' and apply a cost to it.

    That being said, I wonder if having such a treehouse on the original poster's property is currently having an impact on HIS homeowner's insurance costs...
     
  4. cobymom

    cobymom Sheila Ryan

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    We had to get inspectors out when we built our deck, it's a matter of insuring safety. I'm sure it needs to be done for a treehouse of this size as well, in order to make sure the thing doesn't collapse and hurt somebody.
     
  5. lilpea

    lilpea Member

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    In this point I agree with Mr. Linux: because this particular tree house is literally on the next door nieghbor's property line. Not close to the property line but within 1 foot of the neighboring property line. This massive structure should it be knocked down by forces of nature, could and would likely cause significant damage because it is sitting on supporting braces from the ground.

    What if the HOA approved this tree house as a "special exception" and the structure is not "structurally sound", would the HOA be potentially liable for the damages? I'm pretty sure the HOA would be because they "approved" a non-conforming structure.

    My gut tells me, due to the size, potential structural integrity (because is it not an actual tree house, it has 4-6 2x4" supporting it from the ground) and direct impact to the neighboring property, Loudoun County should be involved and this goes beyond the charter of the HOA or the Subcommittee.
     
  6. LvBlands3

    LvBlands3 New Member

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    The treehouse builder must have moved to Broadlands after that "Basketball Hoop" issue a few years back. Didn't that one make it into all of the papers along with a lawsuit maybe? A treehouse is even bigger than a portable basketball hoop...
     
  7. Neighbor

    Neighbor Member

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    Having built a few decks, I would assume that project took quite a while to build (assuming it was done by a weekend warrior). Why didn't the neighbors' complain when it was being built (or did they)? It seems to me that, while they may be correct that the structure was not approved, it would have been courteous to walk over and object in person while it was being built. That would have saved this family a lot of time, heartache, work, and legal battles. A simple "hey Mike, did you get approval to build that" would have gone a long way in my opinion. Judging by the short sleeves and leaves on the trees, the tree house was built (or under construction) a while ago. The builder/homeowner also should have asked the neighbors about their opinions on the structure. In some communities, it is required.

    I think if I saw my neighbor putting in an in ground pool in the common area or preserve wetlands, I would knock on the door and ask if it was approved (potentially saving them time and money). It was in poor taste to complain after the project was complete. Albeit, not technically wrong or the responsibility of the neighbors'. It's just the right thing to do.

    We should look out for each other more in this neighborhood, which should go without saying.
     
  8. KTdid

    KTdid Well-Known Member

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    Another consideration is liability insurance. Most homeowner's policies will not cover a treehouse structure, and if they do, it's very restricted. Coverage would have to be obtained from a special independant insurer. Heaven forbid a neighborhood child (kids are very curious), or even your own child fell out of the tree and you lacked liability coverage. You could potentially be sued.

    Based on the fact that you never sought approval to build the treehouse, I'm assuming you also failed to inform you homeowner's insurance provider.

    At the end of the day, you may be better off taking the structure down and making it a playhouse which, if I understand correctly, would still require approval but your daughter would still have her refuge. Win-win and lesson learned.
     
  9. flynnibus

    flynnibus Well-Known Member Forum Staff

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    I doubt it - the modifications committee's job is not to gauge or approve the safety of a structure - only that it conforms with the community by-laws.

    If the HOA approves a deck that collapses.. the HOA isn't liable. If the HOA approves a shed, and the door falls off on top of someone the HOA isn't liable.

    The modifications committee isn't the one evaluating the soundness of the structure. They may have rules saying 'x structure needs y permits' - but they are only validating the permits exist to meet their own rules - not that they are evaluating the safety or code validity of it. Overstepping their bounds and trying to do so is where they would get in trouble. Instead you find what code and standards apply, and write that the applicant has to prove those are met through permits or other types of certifications.
     
  10. TeamDonzi

    TeamDonzi ShowMeTheMoney!

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  11. rich351854

    rich351854 New Member

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    Honestly on the insurance...come on....it is a tree house...lets not go overboard

    From the chain of notes, it sounds like this is a BIG tree house so I guess I get the issue.... just wich I had a tree mature enought to even contemplate a bird house let alone a tree house :)
     
  12. kmjtt

    kmjtt New Member

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    I have three boys. One of them is considered special needs. All three of them would LOVE a tree house. It would NEVER occur to me that I could build a tree house in our neighborhood. It would NEVER occur to me to use my son's needs as an excuse for not following the rules. Quite the opposite actually. We work hard to teach right from wrong, and to learn to live within society. I'm assuming you have worked tirelessly for many years, for the same. I think it is sad that you appear to be using her as an excuse for getting what you want. It is a great treehouse and would be perfect if you lived in a community without guidelines. But you do. I find it hard to believe that in all the hours you spent working on it, it never once occurred to you that it was against neighborhood guidelines? Riiiggghhhttt. Take it down. Hard lesson for your daughter, but a necessary one, for you both.
     
  13. cobymom

    cobymom Sheila Ryan

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    I don't think all treehouses are against the HOA guidelines; if you can follow the guidelines (I think for play equipment) and get prior approval it should be ok to build one. A call to the HOA office should lead you in the right direction, they can help you with what paperwork is needed.
     
  14. Home Sweet Home

    Home Sweet Home New Member

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    The tone of this post is completely unnecessary. To question the owner's lack of knowledge of the rules is one thing, but to say he's cheaply using his daughter's condition to bend the rules is disgusting.
     
  15. BzyCookn

    BzyCookn New Member

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    Do you really think this family was in the middle of building this hideaway for their daughter, and thought, "Hey, maybe we're breaking HOA rules here. Oh I know, we'll just use our special needs daughter as an excuse."

    I am shocked by some of the posts on this thread. :shakehead:

    Signed,
    Another Parent of a Special Needs Kid
     
  16. MEM

    MEM New Member

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    In the first sentence he is blaming his ignorance of the rules of our community on the Modifications Subcommittee. Everyone that lives here knows that you can't remove a tree without approval. How could he not think that a structure that is higher than the existing playground (which also requires approval) and looks like someones sunroom (which also requires approval) didn't need approval? He has not stated that his neighbors are okay with this. They are the ones the most affected by this. I would love to know their thoughts or maybe they were hoping the HOA would do their job and avoid any friction since they must live together.
     
  17. mtkeister

    mtkeister New Member

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    It's over everyone. The structure is coming down - we're giving up on this. Team-HOA wins another one. Now go celebrate. :mad:

    I now know more about HOA's than I ever wanted to. And the jokes on me for having decided to move into this cut rate community. :pofl:

    For those that supported what I was trying to do - thanks :blush:

    Anyone who is curious about the tree house - stop by sometime before I take it down, and I'll show it to you. 42993 Ellzey Drive 703-723-3940.
     
  18. hornerjo

    hornerjo Senior Member

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    Wow, that thing is gigantic! And he thought he didn't need HOA approval? My $02 there is no way on earth that's getting approved, it looks bigger than our 2nd master bedroom in our townhouse. Work of art though, really did an amazing job.
     
  19. MEM

    MEM New Member

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    Can't you take it apart and reassemble it on the ground in a different location of your yard? People get sheds approved. Maybe look at those guidelines. You can also plant some shrubs around it to screen it. I don't know the history behind her love of tree houses, but I would think a ground house would be better than no house.
     
  20. BzyCookn

    BzyCookn New Member

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    I'm so sorry things turned out this way. Yes, rules are rules, but I interpreted your post as a cry for help and friendly community support. It's too bad this turned into such a negative debacle for you and your family.
     
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