What consitutes a pool?

I have my own interpretation, but I'm looking for ideas I hadn't thought of.

Our CC&R's restrict above ground swimming pools.

As a board member I think this requires a little interpretation. The $9, 5" deep "pool" you buy at wal-mart to put your 2-3 year old in wasn't what the CC&R's are trying to prevent.

I would classify those types of pools as "wading pools" as one could justifiably argue that you can't swim in them.

So where would you draw the line between swimming pool and wading pool, or would you draw a line.

What ever the solution is it has to be simple. Volume measurements are one alternative but its hard to expect homeowners to know how to calculate volume.

Depth mesurements are another way but someone will find a wading pool 15' across and 12 inches deep.

My interpretation would probably be 20" or so with a maximum with of 7'. No mechnical pumps and the yard should not have to be altered to accommodate the "pool". Pools that meet these critirea would be considered "wading pools" and would not violate the CC&R's.

Thoughts?

ChrisB4: You state your CC&Rs RESTRICT above-ground SWIMMING pools; this implies, as you have stated, it is a pool one can swim in, not just wade in or sit in to cool off.

However, if you allow wading pools, whether for children or even adults to sit in, (w/out ability to swim in), you will have the concern of once the pool is filled with water, will it be left out for the next day? or, will the pool immediately after use on one day be drained and put out of sight? Wading pools, if left out for a period of time (days), will turn the grass yellow and if left longer, may kill the grass. There is much to consider with any type of pool.

OMG. we are having just this issue going on right now.

We (the board) have said that kiddie pools and wading pools are allowed and not considered above-ground pools as long as they are shallower than 30" deep and do not have a filter.

Someone purchased one of those big blue ones that have an inflatable ring at the top that, was you fill it the walls put themselves up. Called an Easy Set I believe. When someone reported it we asked them to remove it per the deed restrictions. They had a board member come over to measure.

During the visit, it was clear that they had let out just enough water to lower the side of the pool and removed the filter.

However, the CAPACITY still stands at the higher 3.5 feet deep-ish area. Even with the sides lowered, they still had to have steps to get into and out of it. It was clearly a "swimming" pool and not at all able to be confused with a "wading" or "kiddie" pool.

They refused to take it down.

Our lawyer wants us to send a few more letters this year, the last one stating that after review of their appeal, the board still believes the pool to be an above-ground pool and if it returns next season we will immediately submit a court complaint for an injunction to compel them to remove it.

Then, over the winter he wants us to "refine" our position on the wading/kiddie pool issue and pass a board resolution that states ONLY that kiddie/wading pools will be allowed and no other and NOT define it, either in gallon capacity or depth or anything else.

Wading pools are wading pools. Not swimming pools. He feels we got ourselves into a corner by even mentioning a depth or height. And just saying that it has a filter, which we did that too, is meaningless because all they have to do is remove the filter and be "in compliance." They would have disgusting water and have to empty and refill a couple times a week, but some people are that stubborn that they will do that.

This is exactly the pool they have:

http://www.coolinflatables.com/site/891852/product/56413E

There is NO way this could be confused with a wading pool, like this one,

http://www.inflateus.com/family_swim_center_pool.htm