[SFH] HO wants to install an above ground pool, what do I need to know?

Started by DawnW7 • 10 replies • 120 views

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DawnW7 (South Carolina)
Posts: 21

Posted:

HO wants a pool. He has tried to send an AR request, but that's for another day.

As president of the HOA, what do I need to know or ask? This is what I know so far: a copy of the survey showing the proposed pool, including distances from the pool to the home and property lines. HO is responsible for obtaining any related permits.

[Back story, not related to the pool issue: HO's fence had been deteriorating for 25 years since it was installed. HO's neighbor wanted to replace his (the neighbor's) fence, but because HO would not recognize any problems with his fence, the neighbor, with HO's permission, had to remove HO's fence to replace his own. The neighbor's new fence is 6' high and wonderful. Unfortunately, HO's property also borders another HO, and that part of the fence is as bad as the portion the neighbor had to replace. There are gaps wide enough to see directly into the HO's yard who wants the pool.]

Do I need to request/inform/demand that HO replace the portion of that fence? Besides HOA matters, what else? Does the HO need to have a “flood plan” or something similar if the pool breaks or is torn down? With regard to homeowners wanting to install a pool, I’m in unfamiliar waters. Pun intended.

DawnW7 (South Carolina)
Posts: 21

Posted:

Forgot to mention that neither CCRs or Bylaws or Rules mention anything about pools.

TimB4 (Tennessee)
Posts: 21,102

Posted:

You can't deny something if there is no restriction on it within your governing documents.

The HOA are not code enforcers and would be exceeding their authority if they tried to be.

There may be State, County or Municipality laws governing above ground pools.

Become familiar with them, but do not necessarily utilize them to approve or disapprove something.

I did do a quick internet search and a code compliant barrier is required for all pools greater than 24 inches deep in South Carolina

Additionally, permits may be required for an above ground at or above 42 inches (3 1/2 feet) deep but permitting requirements vary by location.

The following page has links to various SC county pool laws: https://poolbrokersusa.com/south-carolina-pool-licensing-permits/

If there are no restrictions, then, in my opinion, the request should typically be approved while mentioning that the owner must also follow all City/County/State requirements related to the request. Then, if something is amiss, contact the local permit office, or applicable office, and make a complaint. They have far more authority than the Association.

The fence maintenance should be treated as a different issue.

MichaelS56 (Minnesota)
Posts: 868

Posted:

Check with the insurance company your HOA uses to determine if there are any unforeseen problems with adding a pool.

DawnW7 (South Carolina)
Posts: 21

Posted:

Quote:

Posted By TimB4 on 06/26/2026, 12:59 AM

You can't deny something if there is no restriction on it within your governing documents.
The HOA are not code enforcers and would be exceeding their authority if they tried to be.
There may be State, County or Municipality laws governing above ground pools.Become familiar with them, but do not necessarily utilize them to approve or disapprove something.
I did do a quick internet search and a code compliant barrier is required for all pools greater than 24 inches deep in South CarolinaAdditionally, permits may be required for an above ground at or above 42 inches (3 1/2 feet) deep but permitting requirements vary by location.
The following page has links to various SC county pool laws: https://poolbrokersusa.com/south-carolina-pool-licensing-permits/
If there are no restrictions, then, in my opinion, the request should typically be approved while mentioning that the owner must also follow all City/County/State requirements related to the request. Then, if something is amiss, contact the local permit office, or applicable office, and make a complaint. They have far more authority than the Association.
The fence maintenance should be treated as a different issue.

I wasn't looking to deny anything. I just have not come across this situation and wanted to know what, if anything, I should be asking.

DawnW7 (South Carolina)
Posts: 21

Posted:

I wasn't looking to deny anything, or become a code enforcer. I just have not come across this situation and wanted to know what, if anything, I should be asking.

DawnW7 (South Carolina)
Posts: 21

Posted:

Quote:

Posted By MichaelS56 on 07/09/2026, 7:31 AM

Check with the insurance company your HOA uses to determine if there are any unforeseen problems with adding a pool.

Did not think of that, will do. Thanks.

HectorR (Florida)
Posts: 90

Posted:

Get a proper plot plan showing all setbacks, drainage flow, utility easements, and equipment placement (pumps can be loud for neighbors). For the fence, you can't force him to fix it just because he wants a pool, UNLESS your county or HOA rules require a fully enclosed, gap-free safety barrier for pool approval. Check local pool fence codes.

MichaelS56 (Minnesota)
Posts: 868

Posted:

My brother is President of a high-end condo on the shores of California. Many times, he has mentioned how much work to maintain and how many problems they have to deal with having a pool. His board would love to find way to get rid of it.

JackS20 (North Carolina)
Posts: 278

Posted:

when they are not taken care of they are mosquitoe breeding grounds, I'd get your ARC updated so that they require a fence and maintained.

TimB4 (Tennessee)
Posts: 21,102

Posted:

Quote:

Posted By JackS20 on 07/25/2026, 10:22 PM

when they are not taken care of they are mosquitoe breeding grounds, I'd get your ARC updated so that they require a fence and maintained.

In ground pools, above ground pools, flower pots that don't drain, or any standing water are all mosquito breeding grounds.

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