Get 1 year of free community web site hosting from Community123.com!
Monday, July 13, 2020











HOATalk is a free service of Community123.com:

Easy to use website tools to help your board
Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.
Subject: HOA denying our pool in the future
Prev Next
Please login to post a reply (click Member Login on the menu).
Author Messages
MaribelN
(Minnesota)

Posts:3


06/22/2020 1:46 PM  
In the covenants the only mention of a pool is that is needs to be approved by the board. We submitted a permit and were allowed to have it just this season because of Covid and must take it down before labor day.

When I asked the reasons for this ruling they said aesthetics, safety issues(we have a locked fence and a safety locked ladder), drainage issues and value of the homes. I’m redacting an email back what should I say.
GenoS
(Florida)

Posts:3867


06/22/2020 2:23 PM  
Hang on a second, I have to go find my crystal ball. In the meantime, you could post about 100 times the amount of information you did. There's no way anyone, crystal ball or not, would be able to answer your question without a lot more information.
MaribelN
(Minnesota)

Posts:3


06/22/2020 2:25 PM  
Sorry about that what information should Ii include to make it clearer?
MaribelN
(Minnesota)

Posts:3


06/22/2020 2:33 PM  
Sorry english is not my first language maybe I was not clear.

HOA said we can gave the pool this summer because of covid but not next year at all
on the covenants it says all pools need approval but that’s it.

The reasons are aesthetics safety drainage and value of homes.

I was going to respond regarding the safety issues that I have a fence and the pool has a safety ladder.
Regarding the drainage issue that we were taking all precautions to drain it safely.
Aesthetics? I don’t know.... Value of homes we are next to 2 other neighborhoods with above ground pools and the calue of sold homes is very similar to ours.

I was just wondering if I could get any advice on what else to include to hopefully get a ruling in our favor.
MelissaP1
(Alabama)

Posts:9413


06/22/2020 3:18 PM  
It is normal for this to be denied. Most HOA's do not allow pools or just temporary pools. It is for aesthetic and safety reasons. This year you may get an approval because of circumstances. Next year hopefully we will be out of this pandemic.

So what is the issue? You want to always have a pool? Nope. Sorry.

Former HOA President
CathyA3
(Ohio)

Posts:1077


06/22/2020 3:33 PM  
It's not unusual for communities that allow in-ground pools to forbid above-ground ones, for exactly the reasons cited by the board. What do your covenants and restrictions say about what is allowed? (My sense of this, based on the language used by the board, is that they're making an exception this year to the ban on all in-ground pools.)
DeidreB
(Virginia)

Posts:97


06/22/2020 3:36 PM  
Hi MaribelN

Do you live on a single family home lot? How big of a lot? Are there any HOA published guidelines for pools (I suspec not based on he response)?

You could send them back an email asking for their architectural guidelines for approving pools in accordance with pargraph Xy (insert exact language from CCRs about pools).

Your covenants leave pools up to the Board. But they arent prohibited by the Declarant either (the developer who drafted the Declaration). You have a little room to play here in my view. You could always ask them for their guidelines for determining approval since pools are not prohibited and see what they say.

If I really wanted a pool in my backyard, that's what I would do.
MarkW18


Posts:1195


06/22/2020 4:50 PM  
Posted By MelissaP1 on 06/22/2020 3:18 PM
It is normal for this to be denied. Most HOA's do not allow pools or just temporary pools. It is for aesthetic and safety reasons. This year you may get an approval because of circumstances. Next year hopefully we will be out of this pandemic.

So what is the issue? You want to always have a pool? Nope. Sorry.



What the hell????????????
BenA2
(Texas)

Posts:734


06/22/2020 9:24 PM  
I would insist that they show you where in the Covenants, Conditions, and Restrictions (CC&Rs) it says you cannot have the pool. They should be able to give you a specific reason, that is in the CC&Rs, for the denial. Aesthetics could be valid if the CC&Rs give them that authority.
MarshallT
(New York)

Posts:78


06/26/2020 11:37 AM  
Unfortunately you may not be able to have the pool after this season. If other neighbors have pools similar to yours, ask the board why they were permitted to keep their pools. You could also ask if there is anything you could do so that you can have the pool back up in the future.
MarkW18


Posts:1195


06/26/2020 11:48 AM  
Posted By MarshallT on 06/26/2020 11:37 AM
Unfortunately you may not be able to have the pool after this season. If other neighbors have pools similar to yours, ask the board why they were permitted to keep their pools. You could also ask if there is anything you could do so that you can have the pool back up in the future.



So Marshall, where in the CCRs would the board look in order to deny or it because the arbitrarily decide they don't like pools or they are one of the unfortunate ones that can't afford one????
JohnC46
(South Carolina)

Posts:9577


06/26/2020 12:45 PM  
Posted By MelissaP1 on 06/22/2020 3:18 PM
It is normal for this to be denied. Most HOA's do not allow pools or just temporary pools. It is for aesthetic and safety reasons. This year you may get an approval because of circumstances. Next year hopefully we will be out of this pandemic.

So what is the issue? You want to always have a pool? Nope. Sorry.




I agree. Above ground pools are tacky.
MarkW18


Posts:1195


06/26/2020 12:59 PM  
Posted By MaribelN on 06/22/2020 1:46 PM
In the covenants the only mention of a pool is that is needs to be approved by the board. We submitted a permit and were allowed to have it just this season because of Covid and must take it down before labor day.

When I asked the reasons for this ruling they said aesthetics, safety issues(we have a locked fence and a safety locked ladder), drainage issues and value of the homes. I’m redacting an email back what should I say.



Is the pool you want to install, inground or above ground?
JohnC46
(South Carolina)

Posts:9577


06/26/2020 2:23 PM  
I am guessing the OP installed an above ground pool without asking HOA Permission. I am also guessing their Covenants say no above ground pools. If I am correct, the BOD is being generous it letting it stay until October then it must come down and not re-installed
CathyA3
(Ohio)

Posts:1077


06/26/2020 2:52 PM  
Posted By JohnC46 on 06/26/2020 2:23 PM
I am guessing the OP installed an above ground pool without asking HOA Permission. I am also guessing their Covenants say no above ground pools. If I am correct, the BOD is being generous it letting it stay until October then it must come down and not re-installed




That's my take on it.
GeorgeS21
(Florida)

Posts:2816


06/26/2020 5:28 PM  
Yep - likely what happened.
Please login to post a reply (click Member Login on the menu).
Forums > Homeowner Association > HOA Discussions > HOA denying our pool in the future



Only members have access to all features.
Click here to join HOATalk for Free! Members click here to login and access all features.







General Legal Notice:  The content of forum messages are from the posting member and have not been reviewed nor endorsed by HOATalk.com.  Messages posted by HOATalk or other members are for informational purposes only, are not legal or professional advice and do not constitute an attorney-client relationship.  Readers should not act upon this information without seeking professional counsel.  HOATalk is not a licensed attorney, CPA, tax advisor, financial advisor or any other licensed professional.  HOATalk accepts ads from sponsors but does not verify sponsor qualifications nor endorse/guarantee any sponsor's product or service.
Legal Notice For Messages Posted by Sponsoring Attorneys: This message has been prepared by the sponsoring attorney for informational purposes only and does not constitute legal advice. This information is not intended to create, and receipt of it does not constitute an attorney-client relationship. Readers of HOATalk.com should not act on this information without seeking professional counsel. Please do not send any sponsoring attorney confidential information unless you speak with the sponsoring attorney or an attorney from the sponsoring attorney’s firm and get authorization to send that information to them. If you wish to initiate possible representation, please contact an attorney in the firm of the sponsoring attorney. Sponsoring attorneys that post messages here are licensed to practice law in a specific state or states as indicated in their message signature or sponsor’s profile page. (NOTE: A ‘sponsoring attorney’ is an attorney that is a HOATalk.com official sponsor and is identified as such in the posted message or on our sponsor page.)

Copyright HOA Talk.com, A Service of Community123 LLC ( Homeowners Association Discussions )   Terms Of Use  Privacy Statement