HollyBee Posted October 20, 2011 Share Posted October 20, 2011 The neighbors behind us had this play structure built today. It looks like it's about 4 or 5 ft. from our property line. The tile you see at the bottom of the picture is our swimming pool. The neighborhood covenants say that this stuff has to be approved, which I doubt it was, because the covenants also contain a 10 ft. setback from all property lines. It feels like the stupid thing is in my backyard. Oh, and they have a zip line that goes from the top all the way to the end of the property, running parallel to the fence. The puzzling thing to me is that their property is on a cul-de-sac, with our yard only bordering a portion of their back property line, but everything they've put back there (swingset, trampoline, zip line, and now this) is right up against our yard. Am I overreacting to be so ticked off? The kids that play on it are super obnoxious, and always screaming at the top of their lungs (the last couple of times I tried to go out and relax on my patio, I had to go inside because I was so stressed by the screaming, fighting, and crying), so that's probably not helping my attitude. :glare: Yes, I know, in the grand scheme, this isn't a major item. But we have worked really hard to have a nice home and backyard, and we followed the rules regarding getting neighborhood approval before we built our pool. I just wonder if they were in our position (and yard), how they would feel. Maybe I'm just grouchy. That's certainly possible. :tongue_smilie: Quote Link to comment Share on other sites More sharing options...
silliness7 Posted October 20, 2011 Share Posted October 20, 2011 I doubt your neighbors are purposefully trying to make your life miserable by putting the kids' play stuff on the periphery of their property. Maybe they have a swampy patch or a garden or a knoll or want to set up a volleball net in a wide open space. Who knows? Quote Link to comment Share on other sites More sharing options...
Celia Posted October 20, 2011 Share Posted October 20, 2011 It looks like a kid could fall off the structure and impale himself on the fence. I think I would be irritated as well. You're right, it's not the end of the world, but it does take away from your privacy. Quote Link to comment Share on other sites More sharing options...
Faith Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me. But, I would be worried about the kids landing on that fence during playtime. It looks really close to the fence. Quote Link to comment Share on other sites More sharing options...
rgrin Posted October 20, 2011 Share Posted October 20, 2011 If you feel the need to push the issue with them, perhaps they can put in a privacy fence. Yeah, it wouldn't help the noise, but... Quote Link to comment Share on other sites More sharing options...
Brooketopia Posted October 20, 2011 Share Posted October 20, 2011 Talk to the "covenant holders" and see if it was approved beforehand...if you strive to live according to the rules, you are totally within your rights to use the forces that exist to ask the same courtesy of your neighbors. Quote Link to comment Share on other sites More sharing options...
gardenmom5 Posted October 20, 2011 Share Posted October 20, 2011 . The neighborhood covenants say that this stuff has to be approved, which I doubt it was, because the covenants also contain a 10 ft. setback from all property lines. who enforces the neighborhood convenants? What is the process for reporting infractions? when infractions are reported, what do they do? What kind of relationship do you have with this neighbor? do they do things to deliberatly annoy people or are they really that clueless? With a wrought iron fence, I'd probably plant an aborvitea hedge ASAP. And a nice fat tree between the fort part of the swingset and my backyard so they can't see in. Quote Link to comment Share on other sites More sharing options...
Jean in Newcastle Posted October 20, 2011 Share Posted October 20, 2011 Don't say anything but invite the leaders or whatever you call them to a late backyard bbq. Then you'll find out if they approved it or not! (Having a covenant to determine what I can do on my own property would bother me more than the noise. . .) Quote Link to comment Share on other sites More sharing options...
Caraway Posted October 20, 2011 Share Posted October 20, 2011 And this is why I love having an HOA. I would be asking to have this thing moved. Just as I asked to have it moved when our neighbors erected a giant chain link dog yard next to our house and then covered it with a plastic tarp that flapped in the wind. If people don't want to live under the rules, that is fine. But don't buy a house that is within an HOA and expect to be able to build your dog yard/play structure right next to the fence. Quote Link to comment Share on other sites More sharing options...
speedmom4 Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me at all. Sounds like they have an awesome backyard. I like hearing kids playing outside. My kids are loud and can probably be obnoxious when they are playing. I guess I sympathize with your neighbors. God Bless, Elise in NC Quote Link to comment Share on other sites More sharing options...
photomo Posted October 20, 2011 Share Posted October 20, 2011 looks like they want you to keep on eye out for their kids while they play instead of them :) Quote Link to comment Share on other sites More sharing options...
theYoungerMrsWarde Posted October 20, 2011 Share Posted October 20, 2011 It looks like a kid could fall off the structure and impale himself on the fence. I think I would be irritated as well. You're right, it's not the end of the world, but it does take away from your privacy. :iagree: Quote Link to comment Share on other sites More sharing options...
SKL Posted October 20, 2011 Share Posted October 20, 2011 Would it make a big difference to you if it were pushed back just enough to meet HOA rules? If not, then it's not worth the emotion. Also, it seems like your pool isn't very far away from the fence, either. But the point someone made about a child getting hurt by the fence might be worth following up. Who owns the fence? If it's yours, I wonder if they could try to hold you responsible for injuries like that. In that case, I'd be wanting that play structure moved back. Quote Link to comment Share on other sites More sharing options...
mo2 Posted October 20, 2011 Share Posted October 20, 2011 Are those your neighbors in the picture? I don't think I would like to have my neighbor snap a picture of me or my property and then post it on the internet. As for the original question, no I don't think it would bother me. It's just kids playing, and there's a fence, so they won't be coming into your yard. But, having said that, neighbors and covenants are some of the reasons that I prefer living far, far out in the country. :) Quote Link to comment Share on other sites More sharing options...
Mommyof4ks Posted October 20, 2011 Share Posted October 20, 2011 And this is why I love having an HOA. I would be asking to have this thing moved. Just as I asked to have it moved when our neighbors erected a giant chain link dog yard next to our house and then covered it with a plastic tarp that flapped in the wind. If people don't want to live under the rules, that is fine. But don't buy a house that is within an HOA and expect to be able to build your dog yard/play structure right next to the fence. This is why we moved to our neighborhood too. I would report the playscape, and let the board deal with it. Quote Link to comment Share on other sites More sharing options...
kalanamak Posted October 20, 2011 Share Posted October 20, 2011 Would it make a big difference to you if it were pushed back just enough to meet HOA rules? If not, then it's not worth the emotion. Also, it seems like your pool isn't very far away from the fence, either. But the point someone made about a child getting hurt by the fence might be worth following up. Who owns the fence? If it's yours, I wonder if they could try to hold you responsible for injuries like that. In that case, I'd be wanting that play structure moved back. :iagree: I think the pool is perspective. I'm betting it is 3-4 times farther away from the fence than the play structure. I'd grow a hedge if you think the noise wouldn't change, and if there'd be trouble. Some people get a "taste" for breaking the rules, and go hog wild once they know they can do it. I've seen it happen, and it made for hard feelings and a lawsuit. Quote Link to comment Share on other sites More sharing options...
MicheleinMN Posted October 20, 2011 Share Posted October 20, 2011 (edited) Duplicate post. Sorry. Edited October 20, 2011 by MicheleinMN duplicate post Quote Link to comment Share on other sites More sharing options...
MicheleinMN Posted October 20, 2011 Share Posted October 20, 2011 If people don't want to live under the rules, that is fine. But don't buy a house that is within an HOA and expect to be able to build your dog yard/play structure right next to the fence. :iagree::iagree::iagree: Quote Link to comment Share on other sites More sharing options...
5kidsforME Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me at all. Sounds like they have an awesome backyard. I like hearing kids playing outside. My kids are loud and can probably be obnoxious when they are playing. I guess I sympathize with your neighbors. :iagree: Good grief. :glare: Quote Link to comment Share on other sites More sharing options...
NicAnn Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me, and personally I don't see the issue. But honestly, this is why we will never live in a suburb/HOA type place. I think they are more hassle than I care to deal with. Quote Link to comment Share on other sites More sharing options...
Alte Veste Academy Posted October 20, 2011 Share Posted October 20, 2011 (edited) Well, I'm in a grouchy mood too so I'll be happy to be on your side today. ;) It would irritate me. From the picture, it appears that your property is lower than theirs. Someone mentioned how close your pool was to the fence but it's not the same deal because you don't appear to have a clear view into their entire back yard, which is basically what their kids will have when they are at the top of their fort. Even if they switched to a privacy fence, the kids will be able to sit on the fort and watch your every move. I like privacy in my back yard. Of course, your fence wasn't private to begin with but this steps it up quite a bit. The noise issue is separate. My kids made my back yard sound like a henhouse with a fox inside earlier today so you have my sympathy there. (This is one of the many reasons I'm grouchy today, actually.) :glare: Now be sure to use my empathy to give your neighbors some sympathy because that's probably why they erected the fort in the first place. :tongue_smilie: I might give the HOA a ring. Probably. Today, for sure. :lol: ETA: The distance between play structures and obstacles is supposed to be a minimum of 6 feet for safety purposes. I would be surprised if professional installers erected it closer than that. Stranger things have happened though. Edited October 20, 2011 by Alte Veste Academy Quote Link to comment Share on other sites More sharing options...
lea1 Posted October 20, 2011 Share Posted October 20, 2011 I would definitely be annoyed. Our neighbors beside us have a pool. We have two sons and my husband has promised to build them a tree house. Before we ever built the house, we were scoping out trees for the tree house. There is one tree, sitting off by itself, that would be a perfect tree house tree. It is huge and has sprawling limbs - perfect. However, it is the only tree in our yard that sits just a few feet away from the neighbors yard/fence, looking right over into their pool area. My husband was planning on using that tree for the tree house but I told him I didn't think it would be very nice of us because the neighbors would certainly not appreciate having our sons looking down upon them while they are enjoying their pool. Plus, they have three little yippy dogs that run to the fence and bark incessantly when we are in the back yard. It would be even worse if the boys were that close to the fence. So, we found a couple of trees that might work for a tree house that are in the middle of our yard, a little towards the back of the property, but not far enough to be too close to our back neighbor. These trees are not quite as good for a tree house but I am sure they will do fine and we will not be causing trouble with our neighbors next door....plus, this is definitely how I would like to be treated if the shoe was on the other foot, so to speak. Quote Link to comment Share on other sites More sharing options...
SorrelZG Posted October 20, 2011 Share Posted October 20, 2011 Hmm .. I would be planting some fast growing and tall bamboo along that fence line for a little pool privacy. Quote Link to comment Share on other sites More sharing options...
Farrar Posted October 20, 2011 Share Posted October 20, 2011 I so wouldn't care unless they told my kids they couldn't play too. ;) But I would also never, in a million years, live in the sort of community the OP lives in. Quote Link to comment Share on other sites More sharing options...
Heather in AL Posted October 20, 2011 Share Posted October 20, 2011 Yes, it would annoy me. I am a stickler for rules. We chose to live in an area with a HOA because of not having one in our last area and the issues that popped up there. I would call and find out if it was approved, if for no other reason than 'it is close to the fence' and the potential danger. I would also look into planting some nice evergreens as a 'fence' along the fence line. Our neighbors had to do this when the kids behind them (same look to the property with a slightly different elevation) kept standing on their playground and *staring* at my (retired with no kids!) neighbors and being jerky. My poor neighbors couldn't enjoy their backyard. Fast forward three years and they have a beautiful 'fence' of evergreens. Being 'jerky' isn't as fun when one can't see if they are having an effect. Chemlawn helped with feeding the trees regularly and they grew fast. Good luck. I feel for you. Quote Link to comment Share on other sites More sharing options...
Pretty in Pink Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me at all. Sounds like they have an awesome backyard. I like hearing kids playing outside. My kids are loud and can probably be obnoxious when they are playing. I guess I sympathize with your neighbors. God Bless, Elise in NC :iagree: If they bumped it back another 5 feet you would still hear their children when they were playing. It's not going to make a difference in terms of noise or your general annoyance. The play structure does appear dangerously close to the fence though and I am surprised that a professional play structure company installed it in that location. A kid could fall on that fence. Quote Link to comment Share on other sites More sharing options...
Laurie4b Posted October 20, 2011 Share Posted October 20, 2011 I don't know if I'd be annoyed or not because i live in a different kind of neighborhood. If they are breaking the rules and you don't say anything, however, that can be used as evidence that you are okay with it if they decide to put something else near the property line. If the board does not say anything, it's the same deal. Someone else could build something else near their neighbor's property line and then argue that though certain rules are in the covenant, that since they are not actually enforced consistently, then it is not fair for them to be enforced in their case. Perhaps you could simply inquire if the board approved a structure 5 ft from your property line. Quote Link to comment Share on other sites More sharing options...
justamouse Posted October 20, 2011 Share Posted October 20, 2011 That would totally annoy me. IF they got it approved, I'd put up and shut up, but if it's not approved, I'd be upset. I would be planing thick shrubs along the fence because I hate people watching us swim. Sometimes I just want privacy. Quote Link to comment Share on other sites More sharing options...
Mommy22alyns Posted October 20, 2011 Share Posted October 20, 2011 I would probably rat them out to the HOA. That said, I am SO glad we don't have one! Quote Link to comment Share on other sites More sharing options...
mommaduck Posted October 20, 2011 Share Posted October 20, 2011 It wouldn't bother me at all. Sounds like they have an awesome backyard. I like hearing kids playing outside. My kids are loud and can probably be obnoxious when they are playing. I guess I sympathize with your neighbors. God Bless, Elise in NC :iagree: But, I also agree with the danger of that type of fence. Really, I think even if they moved it five feet over more, you would still see and hear the kids. I would love a yard like that to send my kids out to play and scream on. Kids make noise. They have lots of energy. Outside is the best place for them to do it. Quote Link to comment Share on other sites More sharing options...
Haiku Posted October 20, 2011 Share Posted October 20, 2011 Am I overreacting to be so ticked off? Yeah. There's a big fence between their yard and yours. Their stuff is not in your yard, and moving it a few feet wouldn't really do anything to make the noisy children less noisy. Honestly, if those are your neighbors in the picture and I were them, I'd be annoyed that you took my picture and posted it on a public forum without my consent and then complained about me. Tara Quote Link to comment Share on other sites More sharing options...
LidiyaDawn Posted October 20, 2011 Share Posted October 20, 2011 From that angle, it's impossible to tell how close to the fence the play structure actually is… it could be 2 feet, it could be 10 feet. The angle messes with what you see. As long as it wasn't close enough that kids could fall onto the fence, it wouldn't bother me. If you (general) really want *quiet* in your yard, you don't live in a community…you get a place out in the country. Quote Link to comment Share on other sites More sharing options...
HollyBee Posted October 20, 2011 Author Share Posted October 20, 2011 I want to thank everyone for weighing in here, both those who agree with me and those who don't. I do want to clear up a few things: I wasn't clear when I brought up the noise of the kids. That isn't really the issue here. I understand that kids are loud. I have kids myself. We've been living behind these kids for 4 years. The only reason I brought that up is that it probably was influencing me to think negatively about the structure. I completely understand that moving the structure isn't going to make the kids any quieter. I get that. That wasn't the point. The point is that they built this thing 5 feet from our fence, which has those pointy things on the top. (That is the required fence for this neighborhood. Privacy fences are not allowed.) We were told when we built our pool that there is a 10 ft. setback from all property lines. I just went to the fence and looked; yes, in my opinion, a kid could conceivably throw himself off the structure and onto the top of the fence. Whether any kid would actually do that is debatable. It's not close enough for them to accidentally fall off onto the top of the fence. It feels and looks like one of those lifeguard stands at the beach, overlooking our pool. BTW, the pool is approx. 30 feet from the fence. The picture makes it look closer, because our yard slopes toward our house. And those are not the neighbors in the picture. Those are the guys who installed it. I took more pictures, but with the camera, and I can't find the cable (of course :tongue_smilie:). If I find it, I'll post them to give more perspective. Quote Link to comment Share on other sites More sharing options...
J-rap Posted October 20, 2011 Share Posted October 20, 2011 It would bug me a little because we have always been a quiet family, and if a big, loud family were right next door, it would just bother me. That being said, it's all part of being in a neighborhood, and I would try and make the best of it. On the other hand, if the guidelines are that they have to build a certain distance away from the fence, that's a different story. But I guess I wouldn't want to make a stink out of it unless their being so close really started causing problems. (I hate to make enemies!) Quote Link to comment Share on other sites More sharing options...
Impish Posted October 20, 2011 Share Posted October 20, 2011 From that angle, it's impossible to tell how close to the fence the play structure actually is… it could be 2 feet, it could be 10 feet. The angle messes with what you see. As long as it wasn't close enough that kids could fall onto the fence, it wouldn't bother me. If you (general) really want *quiet* in your yard, you don't live in a community…you get a place out in the country. :iagree: Quote Link to comment Share on other sites More sharing options...
Pink Fairy Posted October 20, 2011 Share Posted October 20, 2011 I would be annoyed, and definitely consider reporting it to the hoa. Quote Link to comment Share on other sites More sharing options...
Wabi Sabi Posted October 20, 2011 Share Posted October 20, 2011 I so wouldn't care unless they told my kids they couldn't play too. ;) But I would also never, in a million years, live in the sort of community the OP lives in. Exactly. And if it bothered ME so much, I'd be building my own privacy fence. ETA: Oops, nevermind. Just saw in your follow-up post that privacy fences aren't allowed per your HOA. And once again, that totally reinforces why you couldn't pay me to live in that type of neighborhood! Quote Link to comment Share on other sites More sharing options...
nowimscrappin Posted October 20, 2011 Share Posted October 20, 2011 Just call the HOA and ask if it meets the covenants and that you are concerned about safety so close to the fence. That's all you can do. If they are within the convenents, you have to suck it up. Quote Link to comment Share on other sites More sharing options...
celticmom Posted October 20, 2011 Share Posted October 20, 2011 I would call my insurance agent and ask about my liability if a child managed to fall and injure themselves on my fence. If I would have any liability I would definitely complain to the HOA based on the liability and safety issue. I would do this in writing in case I ever needed evidence due to my liability. Regardless of the liability issue, I would plant some sort of fast growing landscaping. It is amazing how well plants can reduce noise. Quote Link to comment Share on other sites More sharing options...
higginszoo Posted October 20, 2011 Share Posted October 20, 2011 I really think I'd be planting a hedge both as a privacy and noise barrier. We have one along the street side of our property (we live on a corner, our adjacent neighbors back to a large city park that has lots of festivals, the city fireworks display (when we have enough rain), etc. and during those times, we have lots of people walking, parking, etc. -- the hedge is a nice barrier). Quote Link to comment Share on other sites More sharing options...
southernm Posted October 21, 2011 Share Posted October 21, 2011 HOA is there for a reason. You don't pay dues for nothing! I'd report. I lived in a very strict HOA neighborhood and that type of structure would never be approved. It is not the most aesthetically pleasing structure. Don't worry, it looks cheap and will fall apart by next year anyway! Quote Link to comment Share on other sites More sharing options...
Photo Ninja Posted October 21, 2011 Share Posted October 21, 2011 HOA agreements are supposed to be followed by homeowners and upheld by the HOA board. Just contact them and ask if the structure has been approved for that location. If there is a 10 foot setback, then you can ask that the setback be enforced. I doubt there is much else you can do, other than plant some fast growing tall bushes along the fence to give your yard some visual privacy. Quote Link to comment Share on other sites More sharing options...
Unscripted Posted October 21, 2011 Share Posted October 21, 2011 Yes it would annoy me- ESPECIALLY if I lived in a neighborhood with an HOA (I live in a neighborhood with covenants, but no HOA- and therefore- no enforcement). You pay dues - report them. It's against the rules, it's gotta go. Then plant a nice, tall hedge. Quote Link to comment Share on other sites More sharing options...
Cindyg Posted October 21, 2011 Share Posted October 21, 2011 Yes, it would annoy me. Yes, you're blessed to have a pool, and you're blessed to have the sort of neighborhood where you hear kids playing. I know all that. But I covet my privacy and quiet; and that would tick me off. I'm not sure if it would tick me off enough to turn them in. Probably not. But I would start a row of photenias tomorrow. I'm not kidding. It will help with the noise. It will protect your privacy. And it will send a message. P.S. It is a beautiful play structure. My kid would be jealous. P.S.2 I bet their kids don't play with it much -- which is exactly why my kid doesn't have one. Quote Link to comment Share on other sites More sharing options...
Nakia Posted October 21, 2011 Share Posted October 21, 2011 I am so glad I live out in the country. Quote Link to comment Share on other sites More sharing options...
rocketgirl Posted October 21, 2011 Share Posted October 21, 2011 You know, you may be annoyed & want to say something because of that, but i think you have to say something just due to the fact that it is too close to that scary fence!! Make that the issue, then its not personal. Otherwise I'd suggest planting a few more bushes & getting a water "feature" to drown out the neighbor's noise. Quote Link to comment Share on other sites More sharing options...
annandatje Posted October 21, 2011 Share Posted October 21, 2011 If they are in violation of the HOA covenants, they should comply. A poor doe was impaled on the pointy thing (not sure what proper term is) of iron fencing in our neighborhood. Her fawn had fit through the bars of the iron fence, and she was trying to reach fawn. It was a pitiful sight to endure until animal control arrived to put her out of her misery. Quote Link to comment Share on other sites More sharing options...
Sparkle Posted October 21, 2011 Share Posted October 21, 2011 Yes, it would annoy the heck out of me. Why would they put it so close to the fence/property line when they apparently have plenty of space to put it somewhere else? That just seems obnoxious to me. I'd be planting some shrubs along the fence. Quote Link to comment Share on other sites More sharing options...
Laura Corin Posted October 21, 2011 Share Posted October 21, 2011 Hmm .. I would be planting some fast growing and tall bamboo along that fence line for a little pool privacy. Laura Quote Link to comment Share on other sites More sharing options...
Denisemomof4 Posted October 21, 2011 Share Posted October 21, 2011 that is dangerously close to that fence. I can't believe they put it there! It would bother me, but so would neighbors. That's why we have none close by.;) Quote Link to comment Share on other sites More sharing options...
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