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Subject: Swim Spa
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Author Messages
DanielF6
(Florida)

Posts:7


11/13/2020 9:23 AM  
Per the book of standards a spa is permitted, however, the spa cannot exceed a height of 36". I had back surgery in November 2018 and arthritis in my hip and am getting prescription for a swim spa. The swim spa is 16' long and 51 high by 7 1/2' wide. The swim spa manufacture told us that with a prescription the HOA cannot refuse the request. Has anyone in a HOA in Florida come across this. I sit on the ACC and several of the members do are not sure how this should considered. Thanks Dan
AugustinD


Posts:4421


11/13/2020 9:27 AM  
Posted By DanielF6 on 11/13/2020 9:23 AM
Per the book of standards a spa is permitted, however, the spa cannot exceed a height of 36". I had back surgery in November 2018 and arthritis in my hip and am getting prescription for a swim spa. The swim spa is 16' long and 51 high by 7 1/2' wide. The swim spa manufacture told us that with a prescription the HOA cannot refuse the request. Has anyone in a HOA in Florida come across this. I sit on the ACC and several of the members do are not sure how this should considered. Thanks Dan
-- Please provide the title of "the book of standards" you cited.

-- Are you disabled permanently?

-- What exactly is your request with regard to modification of the spa? About how much would the modification cost?
LetA
(Nevada)

Posts:1047


11/13/2020 9:33 AM  
Will this be in your backyard? I really don't think the HOA can stop you. FHA regs would put the kai-bosh on any action the HOA could take against you.
DanielF6
(Florida)

Posts:7


11/13/2020 9:46 AM  
It the book of standards created by the Board of Directors for The Reserve at Long Lake Ranch in Lutz. I have not disabled, however, I am limited due to back surgery and arthritis on the exercise I can do. A swim spa creates a current which will allow me to do low impact exercise in the pool area, and the spa area can help alleviate the pain in the lower back.
DanielF6
(Florida)

Posts:7


11/13/2020 9:47 AM  
I meant I am not disabled
AugustinD


Posts:4421


11/13/2020 10:01 AM  
Posted By DanielF6 on 11/13/2020 9:46 AM
It the book of standards created by the Board of Directors for The Reserve at Long Lake Ranch in Lutz. I have not disabled, however, I am limited due to back surgery and arthritis on the exercise I can do. A swim spa creates a current which will allow me to do low impact exercise in the pool area, and the spa area can help alleviate the pain in the lower back.
Thank you and LetA. I misunderstood in my first post.

Does your ACC Book of Standards say anything about variances? Also please quote exactly what your covenants say about spas. This is likely different from what the ACC Book of Standards says.

If you post this information, I will respond with a polite letter you can consider submitting to the ACC.

I know this should not be a big deal. But covenants and HOA rules in general are seen as contractual terms (with some caveats). Dot your i's and cross your t's, and expect the ACC (on which you sit) to do no less.
JohnC46
(South Carolina)

Posts:10130


11/13/2020 10:34 AM  
Dan

Based on the size of the spa you listed, it sound like a small, above ground swimming pool and I believe that is what the size restrictions are trying to prevent.

Plead your case and see what happens. The BOD has the final say, not any committee.
SheliaH
(Indiana)

Posts:3577


11/13/2020 11:17 AM  
If you're on the ACC, you do know you'll have to recuse yourself from any discussion or decision making on this because you're the one making the request, right? I'm a little surprised your committee members haven't noticed that - you can't tell them how to consider your request.

You also said you aren't disabled, so I'm not sure the prescription business in this instance will fly. I suspect the manufacturer said what they said because they want to make a sale - ask for WRITTEN documentation and use that in your request. You might also want to talk to your doctor to see if there's an alternative treatment you might use. I don't know if there's such a thing as a temporary swim spa that could be removed once your doctor gives the ok, but ask about that.
GeorgeS21
(Florida)

Posts:3411


11/13/2020 12:58 PM  
Sounds like an above ground pool - likely what the reserve language was trying to prevent.

If the Feds don’t provide a clear path, then plead your case.

If I was in the ARC or Board, I would vote to deny the application, then see if you lawyered up, then assess with the HOA attorney - in other words, I would force you to TRY to force the board to approve.

If allowing pools is really a current or future property value issue, I would support going to court to prevent the establishment of a precedent.
DanielF6
(Florida)

Posts:7


11/13/2020 1:12 PM  
Posted By JohnC46 on 11/13/2020 10:34 AM
Dan

Based on the size of the spa you listed, it sound like a small, above ground swimming pool and I believe that is what the size restrictions are trying to prevent.

Plead your case and see what happens. The BOD has the final say, not any committee.




In Florida this is deemed as spa since the swim part of the pool is jetted along with the two seats so it does not fall under the category of an above ground pool. I do understand they do not above ground pools, however, a swim spa is an acrylic shell with PVC wood look shell.
DanielF6
(Florida)

Posts:7


11/13/2020 1:15 PM  
I do have to recuse my self from the discussion, I have not submitted a request to the ACC, however, we all talk concerning different items because we have all read the nightmares of residents dealing with the HOA or ACC and we do not want be a group of dictators. Another memember is interested in a swim spa. We have given variance to residents who had a good argument as to why we should allow them to proceed.
GeorgeS21
(Florida)

Posts:3411


11/13/2020 3:45 PM  
Does approving above ground pools violate your CCRs or Architectural Guidelines?
CathyA3
(Ohio)

Posts:1368


11/14/2020 6:05 AM  
Even if the OP were disabled, that doesn't mean that he would be entitled to the accommodation he prefers, only that he would be entitled to some sort of accommodation. This is one point of the law that can be overlooked.
DanielF6
(Florida)

Posts:7


11/14/2020 1:01 PM  
That is what is up for debate, all of the manufactures say that this a spa and if I was to sink the spa 1'4" in the ground it would be approved.
DanielF6
(Florida)

Posts:7


11/14/2020 1:01 PM  
That is what is up for debate, all of the manufactures say that this a spa and if I was to sink the spa 1'4" in the ground it would be approved.
JohnC46
(South Carolina)

Posts:10130


11/14/2020 1:25 PM  
They can call it whatever they want. I say at that size, it is an above ground swimming pool.
GeorgeS21
(Florida)

Posts:3411


11/14/2020 4:42 PM  
This is a cute, but obvious attempt to end run a basic prohibition - against above ground pools.
AugustinD


Posts:4421


11/14/2020 5:54 PM  
On the one hand, I agree it's a swimming pool.

On the other hand, with the pandemic closing public pools and HOA pools, I think the ACC maybe should speak to the Board about the situation.

How I would proceed depends on what the covenants say. Which of course the OP is not sharing.
MelissaP1
(Alabama)

Posts:9714


11/14/2020 6:00 PM  
May I point out that being prescribed a "swim spa" doesn't entail it's location? Doctor didn't say it had to be in the backyard. Seems there are options out there at the proper places like Rehab, YMCA, or other facilities that have "swim spa" access. Your the one who decided the option had to be at your house.

Former HOA President
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