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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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My HOA removed the playground equipment that was suited for

Customer Question

Hi. My HOA removed the playground equipment that was suited for young (under 10) children last October. They gave no notice but sent out a message to the community that it was going to be relocated to another location. The location they chose already had swings, monkey bars & a very large metal slide. Today (after a number of posts on their website) they have stated it is not in their best interest to replace it (& too costly) c
JA: Because real estate law varies from place to place, can you tell me what state the association is in?
Customer: PA. when I bought here 10 years ago this tot lot was a selling feature. Can they do this? We had submitted a petition to keep this structure. The HOA is currently calling police when teenagers are using the basketball courts.
JA: Has any paperwork been filed?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: Do we as home owners have any rights.
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Infolawyer replied 2 months ago.
Greetings! I am a legal expert on the site and am working on your question.Board has discretion but not unlimited. It can be reversed if they didn't provide due notice and where majority of owners petition and override as provided in bylaws. Practically owners can also vote board out and change rules.Please let me know if that is acceptable and feel free to reply back and follow up
Expert:  Infolawyer replied 2 months ago.

awaiting your reply, thanks.

Customer: replied 2 months ago.
Ok. So what I'm getting is as long as it's not in the bylaws they can do whatever they really want. I didn't see the final petition signature count on the tot lot although the board claims it was not a majority. At what point does their removal of "child activities" become an infringement of the Fair Housing Laws against you g families. Besides the removal of the tot lot, they posted signs stating 'no skateboarding' and have been calling the police when teens use the basketball courts. I foresee the old, outdated playground equipment getting removed shortly. They also are not compliant with providing ramps on the sidewalks for any disabled access. The board consists of all retirees that roam the community looking for any infraction. Unfortunately no one wants to become a board member, so I doubt I can vote them out.
Expert:  Infolawyer replied 2 months ago.

If the bylaws dont address it, they have discretion but they still need to act in the best interests of everyone, not abuse the discretion, and act knowing they could be voted out and removed.

Expert:  Infolawyer replied 2 months ago.

Is the answer acceptable? I tried to expedite for you over recent days

Customer: replied 2 months ago.
when do there actions cross the line for the Fair Housing Act against young families? I feel like they want all children out of here.As for fear of being voted out - no one wants in so they aren't scared.
Expert:  Infolawyer replied 2 months ago.

where their conduct or language evidences such an intent. Often its not expressly stated, so court action can be filed to contest their motives.