Crime & Courts

Richmond Co. | Columbia Co. | Aiken Co. |

Woman wins fight over pink playhouse

Homeowner association drops lawsuit

Monday, Oct. 15, 2012 5:39 PM
Last updated Tuesday, Oct. 16, 2012 12:26 AM
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 Becky Rogers-Peck got to tell her 4-year-old granddaughter Monday that her playhouse will stay pink.

“I’m so excited,” Rogers-Peck said. “We just found out this morning.”

The playhouse was at the center of a lawsuit filed against the Evans woman by the Millshaven Property Owners Association, which dropped the suit Thursday.

“The (association’s) board directed us to dismiss the law­suit,” attorney August Mur­dock said, adding that he could not discuss the details. “As far as I know, no action was taken.”

The board said the color was against covenants in the Evans subdivision. The lawsuit, filed Aug. 2, claimed that Rogers-Peck didn’t get permission from the association’s architectural control committee before she built what the board considers an outbuilding. She considered it a piece of play equipment, built for granddaughter Aubree for Christmas.

The playhouse is only slightly visible from the road, but is clearly visible to her neighbors and homes across the pond behind her house.

The board said neighbors complained about the color and tried to get Rogers-Peck to conform to the neighborhood covenant by repainting the playhouse a color more appropriate to the home. The architectural committee agreed to approve the playhouse construction retroactively if it were repainted.

Attorney David Dekle, representing Rogers-Peck, said he filed an answer stating that Rogers-Peck was being treated unfairly, the board was being arbitrary about enforcing the covenants, and the rules were vague and ambiguous.

“A week later, we get the dismissal without prejudice out of the blue,” Dekle said.

Rogers-Peck said she believes a new board, seated in a recent election, chose not to pursue the suit.

“I’m pretty excited,” Rogers-Peck said. “It was a good victory.”

She said she believes that a homeowners association shouldn’t be allowed to dictate something as inconsequential as the color of a playhouse.

“I get tired of the little man having to do what the rest of the world thinks is right,” Rogers-Peck said. “Something as harmless as a pink playhouse – come on.”

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Riverman1
86989
Points
Riverman1 10/15/12 - 05:53 pm
9
2
I can live with that even

I can live with that even though I was sort of against it. A play thing in the yard is all it is.

InChristLove
22481
Points
InChristLove 10/15/12 - 06:18 pm
7
8
I'm sure Ms. Rogers-Peck and

I'm sure Ms. Rogers-Peck and her granddaughter are happy and it does seem like such a silly issue, but just remember, what goes around,comes around. When your neighbor decides to build that neon green or neon orange tree house for his grandson and it sits right in the line of sight when you're outside watching your granddaughter play in her pink playhouse......I'm just saying....

museofsatie
586
Points
museofsatie 10/15/12 - 06:47 pm
10
5
"When your neighbor decides

"When your neighbor decides to build that neon green or neon orange tree house for his grandson and it sits right in the line of sight when you're outside watching your granddaughter play in her pink playhouse......I'm just saying...."

In my opinion, it takes a "special" kind of person to be bothered by the color of someone else's property, especially when it's a child's plaything.

InChristLove
22481
Points
InChristLove 10/15/12 - 07:19 pm
7
6
museofsatie, In my opinion,

museofsatie, In my opinion, everyone is a "special" kind of person although probably not meant in the same context as you've just quoted. I don't think it was so much the child's plaything bothering the "special" kind of person as much as following guidelines of established covenants within the community that were put in place for a reason. Everyone doesn't have to agree but if you live in the community I believe everyone should follow the same rules, otherwise it appears as favortism. Why else have the rules at all if no one follows them.

lovethebeach45
12
Points
lovethebeach45 10/15/12 - 07:29 pm
5
6
Crazy

You people that started this must not have anything to do with your time, its just a d playhouse, do you not like kids or what. .........................

InChristLove
22481
Points
InChristLove 10/15/12 - 07:36 pm
6
4
"you people that started

"you people that started this"????? lovethebeath45, who started what. We're discussing the article. Some are of the opinion that rules should be followed, even if it is a child's outside play building. Some are of the opinion that it's all a bunch of hogwash and a non-issue. Some are of the opinion that they couldn't care less either way. What does this discussion have to do with liking kids or not.

By the way, I'm only throwing out avenues of thought....no where have i said whether I agree or disagree with this grandmother, the covenant, or the neighbors. What's crazy is when you can't discuss an issue from all aspects and angles without someone going off the deep end.

Tots
26086
Points
Tots 10/15/12 - 07:45 pm
10
2
Why,

would you move into a neighborhood that has covenants ,if your not going to follow them?

There goes the neighborhood..After bending the rules for this lady,what's next?? LOL-Maybe pink plastic flamigos on the front lawn..

InChristLove
22481
Points
InChristLove 10/15/12 - 07:46 pm
5
1
Careful Tots, someone might

Careful Tots, someone might think you are making fun of the flamingos and call you an animal hater.

justputtin
1448
Points
justputtin 10/15/12 - 07:54 pm
6
0
Charlie Brown quote

As charlie Brown would say, "good grief".......

Tots
26086
Points
Tots 10/15/12 - 08:01 pm
1
1
Pink flamingos,

yes,i hate those plastic little devils..

palmetto1008
9782
Points
palmetto1008 10/15/12 - 08:01 pm
6
0
well, this is certainly is a
Unpublished

well, this is certainly is a surprising outcome to me. I'm only assuming the the association's lack of consistency in enforcement was the clincher. That is a good lesson for those of us who covet neighborhood covenants.

Little Lamb
46976
Points
Little Lamb 10/15/12 - 08:12 pm
8
0
Palmetto

It should not be surprising. The property owners' association was counting on intimidation of a lawsuit to make the grandmother back down. Once she got a pro bono lawyer who began to fight back, the POA, realizing they were spending their own money on Wright McLeod's legal fees, folded like an eight-high poker hand.

berryoakley
19
Points
berryoakley 10/15/12 - 08:12 pm
5
0
Well,

Well, I think their old association members are on the Woodlief board. We get nasty letters telling us we have rusty screws on our mail boxes and have 30 days to replace them.

GaStang22
910
Points
GaStang22 10/15/12 - 08:19 pm
1
0
WTG!
Unpublished

Bow down to that entitlement, the rules don't apply to me mentality. Obviously this lady should have never moved into a neighborhood with a HOA. And this HOA now is not worth a flip and obviously is useless. I hope it turns into the trash they are asking for!

GaStang22
910
Points
GaStang22 10/15/12 - 08:21 pm
1
0
Wow, palmetto, I totally agree!
Unpublished

That's what I'm talking about. What is the point in even having a HOA if the rules are meaningless!

KSL
134593
Points
KSL 10/15/12 - 08:28 pm
2
3
Fortunately none of my

Fortunately none of my neighbors have ever erected an ugly pink playhouse, though they probably could have.

KSL
134593
Points
KSL 10/15/12 - 08:31 pm
3
6
Guess I have neighbors who

Guess I have neighbors who have class.

KSL
134593
Points
KSL 10/15/12 - 08:37 pm
2
5
As I posted before

My mother's playhouse, which became my play house when we moved from Athens to HOME, was white siding, had a brick foundation, shingled roof, windows. It looked like a small house, not a future outbuilding.

KSL
134593
Points
KSL 10/15/12 - 08:41 pm
2
3
Tots

Fall steeplechase. You are invited, as always. Oct. 27.

KSL
134593
Points
KSL 10/15/12 - 09:04 pm
4
4
We are by a jump!

We are by a jump! The spouse lost our jump spaces for 2 years. We really didn't care last year because of grandchildren's hallowen party in. FLA. We got them back this year.I am caring big time.

Here is what I will say. Anyone who posts here is welcomed to join us. We own the 2 spots. I don't provide the food. You will be responsible for food and drink.I do wish I could be. Befor Obama!

madgerman
236
Points
madgerman 10/15/12 - 09:23 pm
0
0
I wonder if the covenants
Unpublished

I wonder if the covenants specify what color car everyone has to have? Surely we have all seen audacious car colors and they are patket right in the driveway. Oh wait a minute maybe cars can't be parked in the driveway. And what about little girl bicycles that are pink in color? Or better yet little pink toy poodles? Sometimes common sense just leaves people who are intent on making someone bend to their wills.

palmetto1008
9782
Points
palmetto1008 10/15/12 - 10:44 pm
4
3
little lamb..i'm glad you
Unpublished

little lamb..i'm glad you accept the pink eyesore..it keeps it out of my neighborhood.

rebellious
21295
Points
rebellious 10/15/12 - 11:07 pm
6
0
Rules are meant

to be broken! If there is a compelling reason for the rule, no. If there is a compelling reason for breaking it, yes!

I live in the country, where country boys LOVE to bomb mailboxes. Mine had been bombed, bricked, batted and otherwise beaten to a pulp. Each time, I would remove it from it's post, take her to the shop and bang and straighten til it could be functional again. My logic was I will not spend hard earned money on a new mailbox simply to provide a fresh target for the neighborhood hoods and a harbor for the littany of junkmail to be safe in. When the door gave up the ghost, I placed the repaired mailbox on the post "Doorless". My mail carrier informed me I was out of compliance with Federal Law governing the construction and content of mailboxes. I cheerfully told her "I will not spend hard earned money on a new mailbox simply to provide a fresh target for the neighborhood hoods and a harbor for the littany of junkmail to be safe in". From then on, and I have no proof, I beleive she placed the mail carefully in my box at 15 miles per hour.

My point is, sometimes rules make sense, and sometimes they don't. When they don't make sense, and when abiding by them creates an inconvenience or expense for me, I will "buck the system".

I think this is the American Spirit on display.

WAG
287
Points
WAG 10/16/12 - 07:32 am
2
2
Well I guess she is happy....

Well I guess she is happy.... She knew the rules when she bought the property...she just taught the grandaughter a good lesson..pitch a fit and you get what you want....she is right she needs to move to where there are no rules....Think I will put an orange house! We can make a very colorful neighbor hood....I have granchildren to but I dont break the rules to please them.....The little house is gaudy!

NoHayManera
140
Points
NoHayManera 10/17/12 - 01:48 am
3
2
Slippery slope...

Do people actually think that because the HOA gave up on trying to make Ms. Rogers-Peck change the color of the play house, it's just a matter of time before gangbangers start selling crack on the neighborhood streets.

Because that's the feeling I'm getting...

seenitB4
90862
Points
seenitB4 10/16/12 - 08:11 am
4
1
Too much $$ to fight..I bet

But anyway....she has her doll playhouse...I wouldn't put up a fight over that....a child needs some treats in life.....granny was trying to make her happy.....
What they need is a pen of bad dogs (hahah) give the nabors something to really get mad about.....only kidding ...I love dogs & don't want them penned either....maybe a cow though....:)

Little Lamb
46976
Points
Little Lamb 10/16/12 - 08:23 am
4
1
Bird

Hey, Seenit, she could get one of those tropical birds who screech really loud. Put it in a spare bedroom and open the windows. I'll bet the neighbors would love that!

itsanotherday1
45445
Points
itsanotherday1 10/16/12 - 08:39 am
4
0
1. LL got it exactly right, I

1. LL got it exactly right, I imagine that HOA is not flush with cash to pay lawyers.

2. I am on the side of the HOA. Rules are rules, you are handed a copy when you buy of the property. She should expect the exact same type of covenants wherever she goes, unless it is out in the country or an older neighborhood.

3. HOA boards are like any other board in a volunteer group; you tend to get busybodies who are otherwise impotent in the daily lives. Their little bit of authority over you gives them a sense of power, so they run around looking for ways to force people to do things. I have been on several boards along the way, but never again; can't stand dealing with the Little Caesars.

justthefacts
22731
Points
justthefacts 10/16/12 - 08:42 am
3
3
Simple really

Rules or anarchy?

seenitB4
90862
Points
seenitB4 10/16/12 - 08:44 am
3
3
A Big Bird

A bird that can screeh & say I Like Pink...all day long.....I wanted a parrot but GOB says NO to a stinking parrot...no way no how he says..

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