Lorain/Elyria, OH
Homeowners’ group: Playground must go
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| CHUCK HUMEL / CHRONICLE |
| Nicholas takes a trip down his slide.
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NORTH RIDGEVILLE — A homeowners’ association is forcing a woman who uses a wheelchair to remove a swing set she put up for her autistic son or face a $100 per month fine.
Laura Chapek lives on Overlook Way in the Meadow Lakes subdivision on the city’s north side, between Case and Stoney Ridge roads. She said she has cerebral palsy and cannot walk more than a few feet or drive to take her 8-year-old son, Nicholas, four miles to the nearest park.
Chapek said because of her condition, the association allowed her to put in the swing set for Nicholas when she bought her ranch home in 2006.
“When we moved in, we asked if we could have a swing set,” she said. “Nicholas needs this. He’s not mature like other kids, and it gives him a special place to play. I wouldn’t have bought my house if I knew this would happen.”
But while she may have gotten the OK from the previous homeowners’ association, the group is now under new management, and it wants the swing set taken down.
The previous association manager, Kathleen DeSalvo, and the Willoughby management company she co-owned were replaced last year after she was arrested in a scam in which 43 people were bilked out of $3.4 million in homeowners’ dues. She pleaded guilty in U.S. District Court.
Barry Barnett, who heads Barnett Management Association, said Wednesday there’s nothing he can do about the Chapeks’ situation because they are violating their homeowners’ agreement.
“I certainly sympathize with her, but there’s nothing I can do,” he said.
Chapek said the swing set is centered in her backyard and is pretty much out of sight. She said nobody has complained about it being there for two years.
And she said she’ll do anything necessary to keep it there for Nicholas.
“I will picket if I have to,” Chapek said. “I will sit at the top of my hill at the entrance to the association and hold a sign in my wheelchair.”
She said the swing set is therapeutic for Nicholas, who is not only autistic but also has hyperactivity disorder.
“He doesn’t make good decisions. He has to constantly be watched. He has some behavioral issues,” she said. “He’s constantly climbing on things. That’s where this swing set comes in. If he’s climbing there, I know he’s safe.”
Contact Jason Hawk at 329-7148 or jhawk@chroniclet.com.
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“I certainly sympathize with her, but there’s nothing I can do,†he said.
This statement is a load of crap. Saying there is nothing he can do. C’mon now it’s a swing set for crying out loud. Rules are sometimes made to be bent or broken and especially if they aren’t hurting anyone else as is this case. People want to be so politically correct all the time that they forget how to be human. If I was this woman I would be on the phone to the advocacy groups for autism that are out there; and they are out there. I’d contact the local newstation and do whatever I had to do to make this association look bad. Or should I say worse for that matter!!
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Give me a break…. the homeowners assoc. needs to let this one go and this family to keep the playground. This is a special circumstance…
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Haha. Isn’t this funny. Do they not realize that in the state of Ohio it is against the law to enforce “HOUSING ASSOCIATIONS! It is.. you can look it up anywhere. The people who own the property can enforce rules, but if she owns the dang house leave this lady and her son alone. I will stand up with you Laura. I believe that people who want to take a tiny bit of happiness away from a child, let alone one with a disabiltiy is just crazy. Let me know when you begin your campaign!
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I agree with concerndmom, I believe their statement is a load of crap. They are the homeowners, they set the rules. I believe if anyone sells a company or association and another moves in they should evaluate every tenants or homeowners situations. They should meet with their specific owner and discuss their concerns. This child needs a safe place to play. If the swing set is out of sight and noone is complaining then it’s out of mind. I think she should call news channel 5 or 8. This lady pays for her home as well as most people around and if her set was hidious or an eye sore then she should be made to fix or repair. A late friemd of mind had a saying “if it ain’t broke, don’t fix it”. The swing set is not bothering noone but the homeowners association, DEAL WITH IT!!! Would you rather have children playing in their backyards or in the streets or damaging homes? THAT ANSWER IS A NO BRAINER!!
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Four miles to the nearest park. Thats a shame, and the Homeowners in the “association’ need to be mad about this, before long they will be telling you want kind of car to have, etc, etc…
Get Real and get a clue “Asssssociation”
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This is one of the reasons i’m moving out to the country.People are so concerned with what everyone is doing.Everybody needs to just worry about themselves and get there head out of other peoples butts.
Leave the kid alone.
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This is a difficult one to research for sure…
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Megnspan:
House Bill 220, which is under consideration by the Ohio House, would govern procedures regarding Homeowners associations.
This bill would allow, by law, this type of action to take place. This bill is however, still only a bill.
The absence of laws regarding housing associations does not necessarily make the enforcement of a housing association contract illegal.
Here is one possible defense of the playset which is certainly applicable here:
The Fair Housing Act requires owners of housing
facilities to make reasonable exceptions in their policies and operations to afford people with disabilities equal housing opportunities. For example, a landlord with a “no pets†policy may be required to grant an exception to this rule and allow an individual who is blind to keep a guide dog in the residence.
The fair housing act also includes subdivisions covered by homeowners associations.
Meadow lakes Homeowners association has a website, and on this website is a slew of advertisers…call the advertisers and let them know what you feel about one of their clients…
http://www.meadowlakeshoa.com/index.html
Barnett namagement has a phone and fax number…bombard them with calls of protest…fax the crap outta them…till they get the message.
PHONE 216-831-0165 FAX 216-831-4168
There are provisions in the homeowners association contract which allows for deviations on a case by case basis.
My fax machine is on as you read….
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Pompous asses that have nothing better to do than harrass a handicapped person and her handicapped child on top of it. This is about as pathetic as it gets. How do people like this look at themselves in the mirror every day?If the rest of the homeowners in that ass. had any balls they would all stand up and back this woman and her child 100%.One way to get their attention is for all of them to stop paying their dues for a month, see how fast they will be willing to listen then.
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Regardless of anyones handicap I see nothing wrong with having a swing set in EVERY yard if the homeowners wantit. It sounds to me like this is a homeowners association that wants older adults only and that is age discrimination. Sue them, protest and complain to their backers and sponsors. I’ll stand with you.
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To all,
I just sent this article to Senator Sherrod Brown & Congresswoman Betty Sutton & Governor Strickland.
We will see what they have to say about it.
Boomer
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Boomer…..good for you. I live in a condominium with a board that acts like the gestapo when it comes to children and pets. Several years ago someone put in a swing set for their kids and it hasn’t bothered anyone. The kids don’t use it anymore, but it is still in good repair and actually looks nice - makes the yard look “lived-in” instead of just the cookie-cutter look of everyone eles homes.
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Don’t live in a homeowners association if you cant follow the rules. MOVE!
They probably dont want you to live there anyway - your swing set is a eyesore.
Someone needs to start house hunting!
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You know in every bunch of apples there always has to be a rotten one. Obviously someone didn’t read the article correctly. The swing set is behind the house OUT OF SIGHT. How can something be an eye sore if you can’t see it. GET REAL & GET RIPE
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#1. If you take a good look at the video, it’s clear that the “swing set” that’s as big as a two car garage, is most definitely “pretty much out of sight.” If you can clearly view other houses with no obstructions they can see the wood frame structure.
#2. If she built the structure, knowing that it was against the homeowner association rules, and did NOT get a waver in writing, she made a legal mistake, and is not protected by the law.
#3. I didn’t hear about any of the nearby home owners speaking out against having the swing set removed.
#4. Perhaps the young man’s disabilities are a concern to the neighbors, as they watch and hear him playing on the swing set possibly for hours a day. A swing set that appears to have no fence around it, to keep the youngster, whose own mother admits to his needing therapy, from wandering off.
I’d bet if the Chronicle did a follow up to interview neighbors, they’d be bombarded with “no comment,” because they don’t want to appear to be villains, but they probably would like for their rules to be followed by everyone.
If the swing set means that much to the family, they should move to a place where such things are allowed.
And they should get a fence for crying out loud!
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On #1 above, I meant to say “NOT” out of sight.
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I live in this development. The homeowners association is only picking on this lady because she lives in the higher end houses. We are crawling with swingsets around here. What’s good for one is good for all.
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Loopy:
Do you all have the same bylaws in the development?
If so, it should be easy enough for the woman discriminated against to literally make a federal case, under the Americans with Disabilities Act.
But I suspect there’s more to it.
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#2. If she built the structure, knowing that it was against the homeowner association rules, and did NOT get a waver in writing, she made a legal mistake, and is not protected by the law.
Dan S. — If you would have read the article correctly you wouldn’t have written the above statement. It stated in the article that she had permission PRIOR to the new owner, Barry Barnett. So she did not make a legal mistake. It’s the idiot owner now who wants to play his stupid politically correct game and make her take it down.
And as for you “rulesarerules”, I hope you never come across a situation where you need the rules bent or broken because you’d have to follow your own advice and remember RULES ARE RULES!!!!!
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ConcernedMom…
It would be for the courts to decide, but I’d put my money on a written contract being held to a higher standard than a verbal one, when the two are in conflict.
If she had been given a legal WRITTEN waiver, she wouldn’t be obligated to tear down the swing set.
The previous owners could have told her whatever they wanted, but at a later date, whoever was holding the contract would have the right to enforce that contract.
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You couldn’t give me a house in your association. This is the childrens HOMES, allow them to play for God’s sake, or would you prefer they be out on the street playing or in parks being watched by pedofiles, and etc. This is a pathetic rule and needs to change ASAP….. What is wrong with people anymore????
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Kids are not even safe just trying to get back and forth to school, let alone go out and play somewhere. TAKE YOUR SNOOTY ATTITUDES TO FLORIDA, where the retirement homes are, as far as I am concerned, and if you ever need any help, **DON’T CALL ME*** quote, *an eyesore*…. omg .. this is to unreal for me
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Have Kelly D. Snodgrass move to your association and see how fast you won’t have to worry about childrens play toys, and if you don’t know who he is, read the rest of the paper, while in your chase lounge.
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I suppose if Kelly D. Snodgrass asked ‘em real nice, they’d bend the rules just a little bit, to allow child molesters into their association.
…as long as he kept his grass cut
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First of all, let me say this: ConcernedMom, you’re a moron.
Second of all: I love how everyone is up in arms about this lady and her stupid swing set, when SHE is the one in the wrong here, not the management company. You people are sooo concerned for her just because she and her son are handicapped. I guarantee not even a third of you would have posted here if she was your everyday average person.
Apparently you are all too ignorant (especially you ConcernedMom) to realize the point of living in a homeowners association: TO KEEP PROPERTY VALUES UP BY LIVING IN A COMMUNITY WITH RULES AND STANDARDS! Wow, what a concept. Let’s keep property values UP?!?!
Rules are rules my friends. Just because she got some lame verbal agreement from a management company that was stealing HER MONEY the whole time, doesn’t mean squat. News flash: It’s 2008. A verbal agreement gets you nowhere.
If she gets special treatment today because she and her son are handicapped, who is going to expect special treatment tomorrow and the next day and the next day? And pretty soon, your whole development looks like crap, good honest hard-working people move out, and the dregs of society move in. Where is your proprtty value then? In the toilet. Everyone is losing money on their homes and all because this lady’s kid needs his swing set.
(read my name)
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At least a couple of people on here have some sense in their heads.
Good job Rulesarerules and Dan S.
You two are going to make in somewhere in life, because you’re intelligent enough to know not to be stupid.
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Boohoo wrote:
* *You two are going to make in somewhere in life, because you’re intelligent enough to know not to be stupid.* *
Yeah, but the people who REALLY make it in life are the ones who are intelligent enough to know *when* to be stupid…
…usually in front of a Senate sub-committee, when they can’t seem to recall their own friggin’ names.
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Boohoo is a moron. Surely he knows that I wrote there are many swingsets already in this development. So where is the problem. Remeber I am a neighbor living near this family
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* *Boohoo is a moron. Surely he knows that I wrote there are many swingsets already in this development. So where is the problem. Remeber I am a neighbor living near this family* *
Loopy,
If what you say is true, then why do *you* believe the association has singled out the lady in the wheelchair with a mentally handicapped child?
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I understand that there are most likely many swingsets in the development. But YOU must understand that there are parts of the neighborhood where swingsets are NOT ALLOWED. Namely, her lot. Check your rules again.
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Our homowners association has seperated one street of homes according the the news reports. They are a small section of over 400 homes in the development. I hope she wins.
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Are you the assocation???? You seem to know more than me and I live right by. I am signing the mom’s petition.
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* *Our homowners association has seperated one street of homes according the the news reports.* *
When you separated, are you suggesting that they association decided to arbitrarily divide the homes covered by the once all encompassing contract, and make changes to that contract unilaterally?
If so, I can’t imagine that would be legal…
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She shouldn’t win. Rules are rules. Bottom line.
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No these houses are brick fronted and the rest are not. They have a few extra square feet and are a very small section of the development.
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Boohoo has no heart . Glad he’s not my neighbor
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This is why I would never move into a development with an ASSociation. They are usually run by the the old prudes of the neighborhood who want everything to be stale and joyless just like their shallow lives. As far as I’m concerned, if there were no complaints for the last 2 years, it should be grandfathered in to the new ownerships contract under an exemption from the rules..
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BRAVO!!! Which one of these guys gets The MAN of the YEAR Award???
If somehow these morons are married, I am sure that their wives and children are VERY proud of their MAN today!!
Whats next?? LOSERS!!!
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Daniel wrote:
As far as I’m concerned, if there were no complaints for the last 2 years, it should be grandfathered in to the new ownerships contract under an exemption from the rules..
No complaints in the last 2 years? LOL they stole your money from you you retard.
Broomrider - you’re just worthless. I’m not even going to dignify you with a smart response. Go lay in the middle of the busiest street you can find.
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boohoo… you have it all wrong.. I am up in arms due to the fact that ALL children in this association are not allowed to have a play set, just because you have grown to be miserable and sad doesn’t mean all children in this association should have to pay for it.. DID YOU NOT HAVE TOYS when you were a child ?? I also believe that every child has the right to PLAY AT HOME, instead of seeking neighborhood resources. I pity people like you. If you want to live hermut style move to the woods, or try a yaht in the middle of the lake and demand no lighthouses, and no other boats allowed to pass within 3 miles of your soooo precious yaht. This issue has to be about the most self centered issue I have seen in a long time. Just remember you and the rest of them were children at one time also, and I hope this all comes back around on you someday… I truly do. What color T.P do you have to use in your *close to being* little cult village ???
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hey
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Never did I say, or infer, that I was interested in the life style of a hermit. All I am trying to say is that there are rules in a homeowners association. That is what separates it from regular city streets. If the rules are not followed, the idea of the homeowners association is worthless. I am all for the kid having a playset to play on. This family just happens to not live in a section of this community that allows that. Too bad for them. Move elsewhere then.
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Oh and by the way “justsaying” - here is the correct spelling of the word YACHT.
Thanks.
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Barry you might stop and think that this woman bought a house in this area because it is a ranch and she cannot do the stairs because of her illness. Surely, a man of your short stature could be sympathetic.
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Does anyone who lives in this community even have any idea who wrote the rules that prohibit this lady’s playset?
anyone??
anyone at all??
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