Back-Yard Statesmanship Needed Here : * Parties Should Sit Down--Maybe on Offending Swing Sets--and Talk Things Over

Many people who live in homes or condominiums regulated by “CC&Rs;” seem only dimly aware of what those letters stand for--the conditions, covenants and restrictions governing their property and those of their neighbors. CC&Rs; protect people as well as property values.

But sometimes the CC&Rs; don’t get read until a dispute arises, and sometimes the disputes border on the silly. Such is the case in Laguna Niguel, where residents of the exclusive Crest De Ville community are locked in an emotional struggle with the homeowners’ association over children’s swing sets.

Here’s a case where both sides are right--and both wrong. All parties need to calm down and explore ways to resolve the matter.

Crest De Ville has many children. There is one neighborhood park, but some parents want their children to play on swing sets in the safety of their own yards. But some neighbors have complained because the swings are tall enough to be visible over six-foot fences or can be seen through metal gates.

One of the problems is that, under the current CC&Rs;, swing sets are not specifically mentioned. Given the family orientation of the neighborhood, that’s a shortcoming that must be addressed.

The needs of children have made this problem explosive. Several parents who attended a meeting to defend swing sets ended up in tears. Others angrily accused the homeowners’ association of intruding on their private property rights.

Still, some progress has been made. A “swing set committee” was formed. Homeowners learned they could amend CC&Rs--with; enough support from their neighbors--to get more control over back-yard swing sets.

Although there are bruised feelings, there still is an opportunity here to exercise back-yard democracy in the interests of neighborhood peace.