Legal Question in Real Estate Law in Pennsylvania

Asked to remove a plastic playhouse by Homeowners Association

We own a single family home with an association. We were warned to remove our children's (2-8 years) plastic piece of play equipment ($850) due to the type of material. It is of neutral colors and is aesthetically maintained. It was purchased prior to the release of the updated by-laws.

The new by-laws state ''swing sets, playhouses/gyms, sandboxes and slides are permitted on single detached unit lots...'' ''Swing sets shall be constructed of wood and maintained as a deck and shall not exceed 230 square feet. No metal swing sets are permitted.''

I met with the board to point out that the rules state that only swing sets need to be constructed of wood. They breakdown different types of play equipment, but only make an exception for swing sets. Our piece is truly a play set.

I met with the board members and was told that they meant all play equipment and I should have been interpreting it that way.

Based upon the written rules, we believe we are not breaking any rules or regs. Don't I have some ground since their own rule does not state what they are attempting to enforce?


Asked on 6/04/08, 11:46 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Re: Asked to remove a plastic playhouse by Homeowners Association

Well they wrote the rules and if the meant all play equipment they should have said all play equipment. You could argue the bylaws are part of a contract. As such if its not clear then the party that drafted the bylaws loses. They had the time and opportunity to make the bylaws clear.

They might argue by laws are more in the manner of legislation. So what they could have said what they meant in the bylaws.

I suspect the homeowners association went on the cheap and didn't have a lawyer review the bylaws or if they did they were not clear to the lawyer what it should have said.

That said talk to them and ask them to have their lawyer contact you and explain the bylaws.

If you have any questions feel free to contact me. The initial consultation is free.

{John}

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Answered on 6/05/08, 7:31 am


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