Small Thoughts for Small Minds

If you know me at all, you know that I build a big playground in our back yard.

Here’s a little reminder…

I’ve been working on this since August 2005. (Yeah, I’m slow…)

Last week we got a letter from the "developer" of the subdivision in which we live. Kel and I knew that the land was part of that subdivision, but our house is on the highway, not on the subdivision roads. Our house is not built to the same designs and standards as the rest. (The only wooden house, not brick like the rest.) We both remember being told that we were not subject to the restrictive covenants of the subdivision.

Yeah, I know. "Ignorance of the law is no excuse."

The restrictions, etc., were included with the contract, so we had no excuse.

One line states, "…garden houses and detached garages will be authorized and such satellite structures shall be in keeping with the architecture of the principal residence and will be further subject to the approval of the Owner-Developer, their heirs, and assigns."

Another line states, "All house plans and exterior elements for all residences shall be subject to the approval of the Owner-Developer…"

The letter we received stated that they had received complaints and that the addition of the "satellite structure" was not submitted for approval and approval was not issued. They then made it clear that we had to "correct the violation".

First, is a swingset/playground a satellite structure? It certainly isn’t anything like a "garden house or detached garage". Also, several of our neighbors have swingset/playground units:

Okay, the one I built is more than a wee bit larger, but shares many common elements - swings, slide, roof. The two shown above are about 10 or 11 feet tall at the peak of the roof. Mine is about 18 feet tall.

A matter of scale, but not substantiatively different…

Second, the male half of the Owner-Developer couple mows part of our neighbors yard (including the hill side behind the playground, in front of the evergreens). He’s seen every step I’ve taken during the past 18 months. He’s had every opportunity to object. Certainly before I spent over $2000 and hundreds of hours. While I didn’t have explicit approval, it certainly (and practically) seems that I had implicit approval.

Kel and I were extremely upset. (As were the kids, of course!)

I’ve since had several conversations with the female half of the couple and she’s come around to accepting it if I paint it the same color as the house (which was the original plan - except I was going to make it look like blocks of rock) and if I replace the blue roof with roofing tiles like those on the house. I may plant a few trees to block the view a bit as well…

Jeez.

It took all of my self control to talk politely to this lady. Thank goodness I was able to stay calm. Otherwise, I’d probably be hiring a lawyer about now…