Published: 10:06 EST, 31 August 2015 | Updated: 13:03 EST, 31 August 2015
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A Missouri family that was once threatened with jail time by their neighborhood homeowners' association over the color of their daughters' swingset won a court victory last week that allows the set to stay.
The Stout family in Lee's Summit painted the swingset a deep purple two years ago but only this spring did the homeowners' association take issue with it.
After an initial hearing in mid-August, a judge ruled Friday that the play set can stay.
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Eyesore? A Missouri family that was once threatened with jail time by their neighborhood homeowners association over the color of their daughters' swingset won a court victory last week that allows the set to stay
'We got very frustrated,' Marla Stout said. 'There's somewhere between 2,000 and 3,000 homes in our community. There's all kinds of colors. There's people with bright purple doors. There's trees that are the color of this swing set'
'We're super excited, we're very happy,' the swingset's owner Marla Stout told Fox4KC on Sunday as she celebrated the decision with a backyard barbecue alongside the controversial swings.
Dozens of neighbors showed up to the Stout home Sunday in celebration of the ruling and a centerpiece of the festivities was a cake decorated in icing with a purple playset.
The Stouts say they attempted to reason with the homeowners' association multiple times after getting a letter that said they hadn't had the color pre-approved but were rejected each time before taking the issue to court.
Stout said they subsequently got a letter from the association that said their suit would cost them 'far greater than any principal [sic] you are trying to prove'.
Family celebrates after judge rules purple playset can stay
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Partying down: Dozens of neighbors showed up to the Stout home Sunday in celebration of the ruling
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Celebratory sweets: The centerpiece of the celebration was a cake decorated in icing with a purple playset
Stout told KMBC: 'The letters said that if we didn't remove the swingset from the subdivision in a couple of weeks, we go to jail.'
She added: 'We got very frustrated.
'There's somewhere between 2,000 and 3,000 homes in our community. There's all kinds of colors. There's people with bright purple doors. There's trees that are the color of this swing set.'
Stout called the fight 'embarrassing for our community'.
Now that it's over, she wants an apology.
'It's cost every resident in this community a lot of money and reputation,' she said.
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The Stout family in Lee's Summit painted the swingset a deep purple two years ago but only this spring did the homeowners' association take issue with it.
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Stout called the fight 'embarrassing for our community'. Now that it's over, she wants an apology. 'It's cost every resident in this community a lot of money and reputation,' she said
See. That's what I don't like about neighborhood restrictions.
Glad they won.
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A flock of flirting flamingos is pure, passionate, pink pandemonium-a frenetic flamingle-mangle-a discordant discotheque of delirious dancing, flamboyant feathers, and flamingo lingo.
Jail???? Whomever wrote that letter should be sued. HOA's can only fine people. Who does that person think they are threatening jail due to a Rules violation, it isn't a LAW violation.
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Sometimes you're the windshield, and sometimes you're the bug.
HOA`s can be a good thing if they just concentrate on making sure the yards are mowed, no junk cars or trash laying around and the homes are taken care of. That is where they should stop. Sometimes they go to far and the list and rules can be pretty silly. I like the fact when I was growing up all the neighbors yards look different and not cookie cutter. I like seeing a basketball hoop in the front yard and other signs of families living in the neighborhood.
My daughters HOA just makes sure the streets get cleaned, trash picked up etc..etc.. Other then that the neighbors can plant what they want, swing sets in back yards and other play equipment is not their business. As long as they take care of their yards and play equipment they don't care.
HOA`s can be a good thing if they just concentrate on making sure the yards are mowed, no junk cars or trash laying around and the homes are taken care of. That is where they should stop. Sometimes they go to far and the list and rules can be pretty silly. I like the fact when I was growing up all the neighbors yards look different and not cookie cutter. I like seeing a basketball hoop in the front yard and other signs of families living in the neighborhood.
My daughters HOA just makes sure the streets get cleaned, trash picked up etc..etc.. Other then that the neighbors can plant what they want, swing sets in back yards and other play equipment is not their business. As long as they take care of their yards and play equipment they don't care.
I like our new one. I asked what kind of approval I needed to build a shed and they said "follow the covenants".
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LawyerLady
I can explain it to you, but I can't understand it for you.
I like the part where they threaten the family saying their suit would cost them 'far greater than any principal [sic] you are trying to prove'. That would piss me off to the point I wanted to fight harder.
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“You may shoot me with your words, you may cut me with your eyes, you may kill me with your hatefulness, but still, like air, I'll rise!” ― Maya Angelou
I am in a fight with an HOA right now. Just did my first Petition for Writ of Certiorari to the Supreme Court of Georgia. Wish me luck. I won in Court - they appealed and the appeals court said their were more facts that needed to be considered. I don't think so.
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LawyerLady
I can explain it to you, but I can't understand it for you.
“You may shoot me with your words, you may cut me with your eyes, you may kill me with your hatefulness, but still, like air, I'll rise!” ― Maya Angelou
HOAs have their purpose. But sometimes they can go too far. However, when a homeowner purchases a home that is included in an HOA, they are permitted to review the rules before purchase. If they don't like the rules, they can opt not to make the purchase.
While I'm not a fan of the purple playset, their yard and fence appears to be well maintained and it's not horribly unsightly, IMO.
When I lived in a home governed by a HOA, it was my understanding that someone from the HOA would periodically come through and "inspect" homes to see who was in compliance, and who was not. They can also come out if a neighbor complains. I was called to task because the screen door was not painted in the same color as the trim. (It was silver metal). But this was how the house came when I bought it. I never liked it anyway, and I had it replaced with one that matched the trim. Replacing the screen door was on my list of "fixes" anyway. I wanted one that had glass that I could raise to catch a breeze on nice days.
HOAs have their purpose. But sometimes they can go too far. However, when a homeowner purchases a home that is included in an HOA, they are permitted to review the rules before purchase. If they don't like the rules, they can opt not to make the purchase.
While I'm not a fan of the purple playset, their yard and fence appears to be well maintained and it's not horribly unsightly, IMO.
When I lived in a home governed by a HOA, it was my understanding that someone from the HOA would periodically come through and "inspect" homes to see who was in compliance, and who was not. They can also come out if a neighbor complains. I was called to task because the screen door was not painted in the same color as the trim. (It was silver metal). But this was how the house came when I bought it. I never liked it anyway, and I had it replaced with one that matched the trim. Replacing the screen door was on my list of "fixes" anyway. I wanted one that had glass that I could raise to catch a breeze on nice days.
Good luck with your writ, LL.
We aren't allowed to have those kind. Ours have to be solid piece of glass. I'm current being cited for my garage door. They are correct it is in bad shape & I plan to replace it but.....it is painted to match the trim & I'm not sure I can get a vinyl door in that color. I do not want to have to paint vinyl. It is sort of a mustard brown color.