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Amendment to Section 19. Yard Accessories and Play Structures

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ARTICLE IX - RESTRICTIVE COVENANTS

Section 19. Yard Accessories and Play Structures. All yard accessories and play structures, including basketball hoops or backboards and any other fixed games, shall be located at the side or rear of the Dwelling, except that, in the case of Dwelling(s) on comer Lots, such accessories and structures shall be restricted to the side yard furthest from the side street and to that portion of the rear yard which is no closer to the side street than a fence would be permitted to be located under Subsection 18(b), above.

 Basketball structures, either permanently mounted to Dwelling above the garage or mounted to a permanent pole, will be allowed only under the following conditions:

2. backboards must be transparent or white, NBA approved, with a limit of two colors of trim;

3. nets are limited to white nylon; and

4. the location of the basketball hoop and structure must flTst be approved by the ARB.  If pole-mounted, the pole must be metal, either black or galvanized and permanently mounted into the ground with a concrete base. No permanent basketball structures may be placed in any side yard.

 

Swing sets, playground equipment, trampolines, etc., shall be located in the rear of the Dwelling, with the exception of basketball goals.  Basketball goals are permitted in the front yard, only after ARB approval.

All play equipment shall be properly painted and maintained in original operating condition.

 

Maximum height of the structure is fifteen feet.  All play structures must be approved of in writing and in advance by the ARB as set forth in these rules and in the Association’s governing documents.  Failure to obtain said approval could result in the homeowner having to remove the unapproved structure and also pay related attorneys fees and costs.

Permanent basketball goals, including, but not limited to, poles (must be metal), backboards (must be professionally manufactured), hoops and nets, shall not be installed without prior approval of the ARB.

 A portable basketball goal is defined as attached to a base that is not designed to be affixed to the ground and is capable of being moved without detaching it from the ground or any other permanent fixture. 

A portable basketball goal will be allowed, with ARB approval, under the following conditions:

I.   Basketball hoops and structures must be well-maintained;

2.  Backboards must be transparent or white, NBA approved, with a limit of two colors of trim;

3.  Nets are limited to white nylon or chain linked and;

4.  The pole must be metal, either black or galvanized

Portable basketball goals must be in the upright playing position at all times and the base of the assembly shall be filled with the proper amount of material per manufacturers’ instructions to safely stabilize the assembly.  In the event of severe weather, the portable goal should be placed in the garage for safe storage or laid on its side, close to the house.  After the inclement weather has passed the goal must be returned to its upright playing position.  All instructions, warnings, cautions, safety notices provided by the manufacturer shall be adhered to by the property owner(s) and those using the basketball goal.  Anchoring of the portable goal with any material other than specified by the manufacturer is strictly prohibited.  All such portable basketball goals shall be stored in the upright position. 

All basketball goals (portable and permanently mounted) shall be placed no closer to the sidewalk than 1/2 the distance from the sidewalk to the front portion of the house.  Basketball goals are not permitted on curb areas of the street under any circumstance and must be located on the owner’s property in such a manner that the playing area is not in the street, an obstruction to a public right of way, a nuisance to neighboring homeowners, or as to create a hazard to the use of a public right of way.

The Board of Directors reserves the right to demand the removal of any basketball structure from a property if the homeowner violates the above restrictions. 

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