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Lawsuit over pink playhouse dismissed

Posted: October 15, 2012 - 5:26pm  |  Updated: October 15, 2012 - 5:32pm
Becky Rogers-Peck, with her 4-year-old granddaughter Aubree, in front of the playhouse the Millshaven Home Owners Association filed a lawsuit to make her repaint. The suit was dismissed.
Becky Rogers-Peck, with her 4-year-old granddaughter Aubree, in front of the playhouse the Millshaven Home Owners Association filed a lawsuit to make her repaint. The suit was dismissed.

Twitter @ValerieRowell

 

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.”

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Comments (3)

Sweet son

Score: Rogers-Peck 1 Homeowners Association 0

Who would have a problem with a child having a playhouse that is pink? What other color would be appropriate. Smarter minds have prevailed! Have fun in the playhouse Aubree!!!!!

gman3302

Agreed, a win for the homeowner

Now that a step to being better neighbors has been made with new leadership. How about a compromise on the color scheme? Leave the front pink but make the other sides that face the neighbors a more blended look. Your granddaughter has her pink appearing playhouse and you step toward your newly accepting neighbors. You have a win-win.

whyme

covenants

Glad this was settled. I can see both sides: if you have a covenant, you have to follow it. On the other hand, if it's not clear (playhouse vs. utility shed), the visibility was not really an issue, or other people have been getting away with stuff, then she is right. I wish my neighborhood had one at times. The first house on the corner is an eyesore with some weird attachments now blocking a huge car collection in the back. Others either have tons of people parking in their yards (homes and lots are small) or the cars are parked on the curb, especially on the curve coming down the main road. The streets are narrow so you're having to really dodge 'em. They might ding me, though, since I need a paint job and can't afford it right now! But it's not so bad that it looks condemned and the yard is nice.

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