CHARLOTTE, N.C. (WJZY) — A North Carolina mom says her neighborhood homeowner’s association has ordered her to take down her son’s beloved basketball hoop.

Lindsey Van Winkle, of Charlotte, says it’s frustrating and that her son just wants to play safely at his own home.

At their home on Thursday, 11-year old Noah was enjoying the hoop in his driveway. A letter sent to his mother by the Kingstree HOA says his basketball hoop must go. 

“I would have never approved him getting the basketball goal as a gift. I respect the rules, but I also feel it’s been (up) seven years with no issues,” Van Winkle said.

Noah tried to save his hoop and even presented a petition to the board showing all those who supported him, but they denied his appeal.

“I don’t think they made the right decision. Even with the pandemic and people signing the petition, saying it doesn’t bother them or affect them,” Noah said.

Tomorrow the family will have to move the hoop to their small patio, and then get rid of it altogether by October.

“There’s just no way to work on his dribbling, three-point shots, or anything like that. When he does shoot, the ball’s going to go over the fence into the neighbor’s yard. So it’s just not feasible. There’s no room.”

“I think it’s ridiculous. I think it’s a form of harassment. It really, really makes me sad, and disheartened,” neighbor Annie Buck said. She’s among those who think the HOA has gone too far.

“Unless you’re willing to put some basketball courts around this area, instead of building more houses they’ll be fine,” neighbor Joyce added.

Legal expert Seema Iyer says that although section 10.13 of the HOA bylaws state that basketball hoops are not permitted, the North Carolina Court of Appeals has a six year statute of limitations that applies to such restrictive covenants. Since the hoop has been in place for some time, the clause should not be enforceable and certainly not punishable.