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 the center of a lawsuit filed against the Evans woman by the Millshaven Property Owners Association, who dismissed the lawsuit on Thursday.
“The board directed us to dismiss the lawsuit,” attorney August Murdock said, adding 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 of directors considers an outbuilding. She considered it a piece of play equipment, built for her granddaughter, Aubree, for Christmas.
The playhouse is only slightly visible from the road, but is clearly visible to her immediate neighbors and a few 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 ACC agreed to retroactively approve the playhouse construction if it is repainted.
Attorney David Dekle represented Rogers-Peck. He said he’d filed an answer to the board’s claim stating Rogers-Peck was being treated unfairly, the board was being arbitrary about enforcing the covenants and that the rules were vague and ambiguous.
He requested materials associated with the suit.
“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, opted not to pursue the suit.
“I’m pretty excited,” Rogers-Peck said. “It was a good victory.”
Rogers-Peck said she believes that a home owners association shouldn’t be allowed to dictate something as inconsequential as the color of the playhouse.
“I get tired of the little man having to do what the rest of the world thinks is right,” Rigers-Peck said. “Something as harmless as a pink playhouse, come on.
“Just the fact that the color of it was pink, here’s no reason for them to be able to control that.”