The Pink Playhouse Returns

 

A covenant fight in Georgia is getting press coverage all over the South.  It appears that the homeowner, Ms. Peck, really, really, wants to keep a pink playhouse she built in her backyard for her granddaughter.  Unfortunately, the board of her homeowner association has decided that it violates the restrictions.

So, now the neighborhood association is taking Ms. Peck to court.  They really have no other choice if they want to keep pink playhouses from proliferating.  They also have to prove they aren’t just whistling Dixie. As the cost of removing a pink playhouse is minimal, these lawsuits quickly become a fight over legal fees.

 

 

 

Covenants usually provide that the owner has to pay all legal fees for the association.  While this may seem harsh, it would not be fair to make the neighbors foot the bill for Ms. Peck’s hijinks.  Ms. Peck, on the other hand, is not above inflaming local prejudices in her favor.  “This is the United States, last time I checked. I’m a little redneck Georgia girl. They aren’t going to tell me what to do,” she said.

 

 

Sources:

http://www2.wjbf.com/news/2012/sep/24/are-homeowner-associations-good-or-bad-ar-4618716/

http://wtvr.com/2012/09/24/homeowners-association-sues-over-pink-playhouse/

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5 Responses to “The Pink Playhouse Returns”

  1. pvtgov Says:

    WHAT BS! “Not fair” It is a cost of business for the HOA to defend itself, and grossly unfair and injust to not have the prevailing party get its fees paid. Spoken like a true HOA lawyer.

    • jeremyoevans Says:

      You are presuming that the homeowner will be the prevailing party. I think it unlikely the HOA would get fees if she proved them wrong. However, that is extremely unlikely. Why do you think her neighbors should have to pay because of her scofflaw attitude?

      • pvtgov Says:

        The CC&Rs “contract” works boith ways! Everybody shares equally. That’s the deal! In public court this “cime” would not allow prosecutor/lawyers (the HOA attorney) to make a buck, but the HOA is punative in its enforcement. As for unlikely payment by the HOA, well read those CC&Rs which generally spell out that only the HOA gets rewarded and the homeowner gets nothing, and the courts go by what the CC&Rs say. So what the hell, give out fines cause it doesn’t cost the HOA anything.

        Does anybody object to the amount of money sent on attorney fees by the HOA for trivial suits?

      • jeremyoevans Says:

        Well, that’s right, it’s more like a contract than a crime. There are no HOA “police” out there enforcing the rules. In my experience, both the HOA owners can speak up on fees through the democratic process, and the courts also exercise oversight over what “reasonable” fees are. Thanks for the comments.

  2. Tea Parties, On The House! « HOA Lawyer Says:

    […] a follow-up to my prior post, the little granddaughter in Georgia gets to keep her pink playhouse.  The association has dropped […]

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