Posted on 01/15/2016 3:56:21 PM PST by Huntress
PLANO (CBSDFW.COM) – The sound of children playing has become the subject of a lawsuit between two Plano homeowners.
Kelly Counts placed a playhouse outside her backdoor for her four children enjoy.
“One of the big reasons we chose the house was because we would be able to move this playhouse,†says Counts.
But the mother says that laughter coming from her kids in their playhouse has been drowned out by music with raunchy lyrics coming from next door.
“It’s unfathomable to me. I can’t imagine the sound of kids playing at any age or stage of my life and thinking that I needed to sue someone over it,†says Counts.
But Counts is being sued for a playhouse that her neighbors say is upsetting their “tranquil quality of life†and quote “creating noise issues as well as visibility issues for them and their pets,†according to minutes from an HOA meeting.
Those neighbors are Irving and Anita Ward.
Irving Ward declined to comment on his lawsuit or the Counts lawsuit against him over the explicit music they claim is retaliation.
“I have nothing to say. I have to call my attorney,†he told CBS11.
But the Wards argue that because the 10, 7, 4 and 2 year old children are homeschooled, the noise never stops.
“The Wards have never once asked me to tone down the noise of the kids playing,†says Counts.
Kelly Counts says she’s tried to work with her neighbors but they refuse.
Since the City of Plano and her HOA have approved the playhouse, the Counts don’t plan to move it.
But they also don’t want their children to hearing explicit music when they go outside.
“I don’t feel comfortable in my own backyard,†says Counts.
This appears to be headed to court with both sides seeking damages.
Yep.
The article says it’s her own 4 children. It’s not a business.
NOt only never buy a house in an HOA neighborhood....make sure you read the covenants in your deed to see what the builder has placed in there.
So sorry for your losses MamaB
Today is the anniversary of my mom’s death as well. 38 Years ago. I was just a kid then.
Always glad when Jan 15th is over and done with.
Agreed.
What happened to your post? It is almost unreadable.
I don’t think the HOA is at fault in this. The HOA approved the playhouse. HOAs don’t generally screen for obnoxious behavior among neighbors.
I read it on Daily Mail it was a home school or daycare center. Whatever, neighbor has a complaint though.
When ours was about 3, as she would swing she’d sing, “Tomorrow, tomorrow, tomorrow, tomorrow, tomorrow, I love you, tomorrow, tomorrow, tomorrow, tomorrow, tomorrow, tomorrow, I love you.” The people across the lake would complain that she needed to learn more of the words. Thankfully, hubby was their boss.
It looked fine when I previewed it. Looks like all the quote marks and apostrophe got turned into other symbols.
I’m so sorry for your loss, MamaB.
Wanted to see the neighborhood. Not really high end - middle class but not upper middle class area - the Ward house is appraised at about $283k at 3319 sq ft with a pool on the east side of Central. They’ve been there since 2003. The Wards claim disability.
They aren’t zero lot line homes, but setbacks are narrow. You have a choice of a backyard or a pool. Looks like the family with children opted for the yard.
Thanks, dear.
The little gir behind us has a squeal that could peel wallpaper. She seems to be a little over 2. When she’s in her yard I go in the house and shut the door. Lol
The answer?
On summer vacation years ago. Boys were 5 and 7. They had a cassette player we brought along to keep them occupied. Their favorite was some ditty that had "three little birdies".
We crossed into Oregon from California and they started playing that song - over and over and over and . . . By time we hit the Washington border wifey said I was singing falsetto "THREE little birdies" over and over and . . . She didn't get scared until I started laughing maniacally.
I'm MUCH better now.
What kind of people play raunchy, loud music intentionally for children to hear?
Let’s just say that mentioning race here would be politically incorrect.
We had one kid learning the violin, and one learning the pipes. If the temp was above freezing they went outside to practice. It wasn’t until 5-6 years after they moved on that the wildlife repopulated the area.
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