It’s just a backyard swing set to some people. But to its owners, it’s become a symbol of a family’s right to choose and how far a homeowners association can go to overrule that right.
"An HOA can be a positive thing, but over time people are becoming very controlling and taking an inch and going a mile," said Cindy Seppala, of Orange.
The Seppalas bought the swing set four years ago for their three children. And, they say that almost immediately they got phone calls from neighbors asking when they were going to move it.
“It’s been an ordeal ever since,” said Karl Seppala.
The HOA claims the Seppalas needed permission to erect the play set and ordered them to take it down. The Seppalas say others in the neighborhood have had swing sets with no issues. They say the real reason is because the play set is visible from some board members hillside homes.
The Seppalas responded with attorneys. They even created a website called evilplayset.com to document their story. That stopped the threatening letters from neighbors and the HOA
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But, after three years the debate has been renewed.
"You're willing to take this all the way to court?” Karl Seppala said. “We'll take this as far as we need to, as far as it can."
The HOA president refused to be interviewed, saying he cannot discuss HOA matters. But, he said that he believes the parties would come to a good agreement.
For the Seppalas, the damage has already been done.
"Our kids are very aware of what's going on, and we are subjected to questions understandably from our children, (they ask) ‘Mommy, does that neighbor like our play set?’ and ‘How come they don't?’ and ‘Does that neighbor like us?’ and ‘Why don't they like us?’”
"I really like the play set and I don't want it taken away because I like to play on it a lot and I bet my brothers do too," said six-year-old Kylie Seppala.
The HOA said they have reached an agreement and will let the Seppalas know their decision in the next few days.
