Court Rules Homeowner Can Keep Basketball Hoop
A neighborhood argument over a basketball hoop landed in district court Wednesday. At issue was what covenants say about basketball hoops. The judge ruled in the homeowner's favor.
Jill Lewis and her family found out they will be allowed to keep their driveway hoop after taking their argument to court. After months of debate and more than five hours in court, Lewis can finally exhale.
The winning shot came when Jill's attorney, who demonstrated that there were a number of homes in the neighborhood that had external improvements, from extended driveways to new fencing, all without written permission from the homeowner's association.
All of this started last fall when the Merrifield Village Homeowners Association told Jill to take down the hoop in her driveway. The association said Jill did not get written permission to put it up and it was in violation of the homeowners association declaration.
The judge disagreed and now Jill wants to put it all behind her. “I'd like to invite everyone over to shoot some hoops. I don't know if everyone will show up. I know these guys will.”
Members of the homeowners association don't know what they want to do, but they haven’t ruled out an appeal.
Basketball hoops are not specifically listed in the covenant, but it does cite several examples including flagpoles, but there are several in the neighborhood. The root of the problem comes down to wording. "I can't imagine any neighborhood that didn't think a basketball hoop was okay,” said Jill.
The association said it violated the covenant that "no one shall make external improvements without prior approval."
Jill gathered 82 signatures in support of keeping the in-ground hoop and held a special meeting. Association attorney Scott Jochim said at the meeting that association members voted 51-10 for the hoop to come down. However, the association said it would be fine with a temporary hoop.