HOA to take away swing set built for 5-year-old cancer survivor

LOS ALTOS, Calif.

For the last few months, little Weston has been enjoying his backyard swing set. It's been a tough year for the 5-year-old

"We found out that he was diagnosed with lymphoma," said the boy's father, Marshall. "He was actually in a terminal condition at that point and they told us to rush him to Stanford."

Marshall has asked us not to use their last name to protect Weston's privacy. Since January, the little boy's been in and out of the hospital. And after one especially difficult treatment, Marshall asked something to keep his son's mind off the pain.

"I said, well when you get home, who knew when that was going to be, I said, what would you, what's a wish that you have? And his response was a swing," said Marshall.

Weston's dad built the swing set and installed a small trampoline.

But last week the family got a letter from the Toyon Farm Homeowners Association. Seems the swing and the trampoline are against the rules.

"They had unilaterally decided that the swing needed to be removed immediately," said Doug, Weston's grandfather.

Doug is the owner of the condominium. He's hoping the homeowner's association can revisit this issue.

I tried contacting the lead board member at home and by email and phone. I haven't received a response yet.

But if the board doesn't allow Weston's playground to stay where it is, his grandfather says he'd help build a community play park for it.

"I'd be willing to donate money to build something that would be more acceptable to the board. But I'd like this to stay here until that's completed."

As Weston continues to recover, his family says the swing is a big help.

Copyright © 2019 KGO-TV. All Rights Reserved.