BREA : Association Cries Foul Over Pole

Dave and Terry Simpson thought giving their twin 7-year-olds and teen-age daughter a basketball hoop would be a great way to keep them close by and out of mischief.

So earlier this year they installed a basketball pole in the front driveway of their exclusive Country Hills home. But instead of relief, they got a message from their homeowners association telling them to take it down.

It’s not that the association is against basketball, the note said, it’s just the pole it is opposed to.

“We are not attempting to create a problem for any homeowner; however, it is the goal of the Architectural Committee to assure that each homeowner’s property is maintained at a level which the entire community will appreciate,” wrote Lee Jackson, property administrator, in his letter to the Simpsons.

According to the association, basketball nets are allowed, but they must be mounted to the garage in order to comply with association guidelines. Simply stated, the Simpsons’ pole was out of compliance.

However, not willing to back down, the Simpsons have decided to fight back. For the past four months they have consulted with attorneys and insurance agents, talked with their neighbors and held a petition drive, all to get their pole legalized.

“People feel helpless, like this is a dictatorship,” said Dave Simpson about the controversy. “This is my property.”

The Country Hills Homeowners Assn., which is headed by a five-member panel, governs the 192 homes in the expensive neighborhood tucked below the scenic hills of nearby Tonner and Carbon canyons. Working under association rules and restrictions, the board has the power to dictate details of the homeowners’ property from the color scheme of their houses to what ornaments go in the front yard.

As longtime homeowners in the Country Hills Estates, the Simpsons already had become accustomed to and even appreciated some of the rules that keep the area in top form.

When they put in the hoop they did not think it would violate any community standard, Dave Simpson said, adding that another property owner had a basketball net attached to a pole at the time. The Simpsons’ adjustable pole, which can be lowered and raised to accommodate children of all ages, was placed to the side of their two-car driveway, in front of their property.

But it does violate the rules, said John Ewald, association president. Basketball poles are not allowed because they create a liability for the association and are also unsightly, he said.

“What happens when kids lose the ball and it lands near the neighbor’s tree, and the kid pokes his eye out?” Ewald asked, giving one possible scenario.

If the hoop is mounted to the garage the ball would most likely be caught by the children and not go into the adjacent property owner’s yard, he said.

Besides, Ewald said, the Simpsons failed to go through the proper procedure of submitting plans to the board before they installed their hoop. “Mr. Simpson decided he was going to rewrite the rules,” the president said.

To garner support, during the past few months, the Simpsons have been in constant correspondence with association representatives, have written their own architectural guidelines, have spent time tracking down former homeowners and have even collected more than 100 signatures from surrounding neighbors.

However, Ewald countered that the petition was worded too broadly and that he must have at least 75% of the people sign before they can try to change the rule.

In the latest round, the Simpsons received a letter just last week from the association’s attorney telling them again that the pole must go. Today, the pole sits in his garage next to the unused basketballs.

Simpson said he is not willing to go to court over the matter, but will continue to fight as long as he can.

“I think homeowners like us need some type of legislation to protect us and our property,” he said. “We have no protection.”