Kim and Jason Costa of Georgetown, Texas, are parents to Colton, a three-year-old boy who was born with Hurler’s syndrome, which is a terminal genetic disorder of the cells, tissue and organs.

As a gift to Colton, the Costas let him pick out his own playscape, and naturally, he chose the largest one he saw with the most slides.

Now, the Costas are being sued by their neighbors, Richard and Carole Gottleib, who claim the playscape violates homeowner’s association (HOA) restrictions because, at 14 feet tall, it cannot be screened from view. In the lawsuit the Gottleibs are seeking $100,000 (an amount they clarified was required by the state in order to file suit), the cost of legal fees and for the playscape to be torn down or brought to code, as Newsweek and KXAN reported Tuesday.

Although Kim Costa told KTBC “statistics say he shouldn’t live past his twenties,” she believes that helping Colton maintain an active lifestyle — through play on his playscape — may aid in slowing the progression of the disease.

The installation of any structure of a large size must be approved by the Estrella Subdivisions Architecture and Design Review Committee (ADRC), and the Gottleib’s lawsuit claims that the approval process was not followed by the Costas in the construction of the playscape.

The ADRC, however, told KXAN that the Costas did in fact submit plans for the playscape in accordance with their protocols, but declined to comment on whether or not the plans had been approved before the Costas began constructing the playscape because of the impending lawsuit.

Despite friction from the Gottliebs, the Costas’ other neighbors showed their support for them on Monday by placing pink foam hearts with supportive messages inscribed on them on the Costas’ lawn. Of the messages, Kim Costa said, “It’s pretty overwhelming the amount of love and support we’re being shown through all this, which I’m thankful for.”

Although HOAs have greatly increased in popularity over the past few years, the Costa’s incident with their playscape in Texas seems to be one more case of HOAs causing more problems than they’re worth.

Earlier this month, it was reported that a teenager who moved in with his grandparents after his parents had died was now facing eviction from his grandparents’ HOA.

Email Lillian Dickerson

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