The swing set above doesn't look to annoying does it? Looks like a lot of fun, actually. Well, that swing set seems to be the center of a controversy in Mineola, TX.

If you have ever been in a neighborhood that has an HOA, you know that some serve a purpose to keep the area neat and clean, and above all, it is supposed to make sure that neighborhood retains most of it's value in this time of falling home prices. SOMETIMES, the HOAs overstep their bounds by making decision that are beyond their scope or jurisdiction...this would be one of those times.

What is sad about this is it centers around an Army National Guard captain, Bill Fry.  The story is this: The Captain returned from a year long rotation in Afghanistan and wanted to get something nice for his kids. Prior to putting in the swing set, Bill's wife, Candy had gotten approval from the HOA to put it up...and of course, the HOA now denies that anyone asked.  Because they understood they had the go-ahead, the built a $1200 swing set in their backyard.

Then comes the lawsuit. The HOA has dropped a lawsuit on the Frys for building a toy for the kids that states the swing is “not in harmony with the design and location in relation to surrounding structures and topography,” according to The Mineola Monitor. The HOA is even claiming that they were supposed to submit a drawing of the swing set before it was to be built.

So what is the REAL problem? According to the HOA, the HOA has gotten several complaints from neighbors about this swing set.  Yes it is going to court.

What is the moral of the story, make sure everything is in writing. What is saddest, the kids may have to lose the toy that Dad made for them.