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AlanK1 (California)
Posts: 4
Posted:
I wonder if similar cases were discussed on the this board. Our association property was initially designed with pool which is still in a good condition and is being used quite often. Some unit owners do not use the pool and trying to push forward idea to fill the pool, to plant some trees, and to convert this place into playground as property does not have it. My property is adjusted to the pool and we presume much more noise if this change occur. Is any chance this idea could be blocked as our vote falls into minority?

Thanks in advance
MelissaP1 (Alabama)
Posts: 13,836
Posted:
This subject often comes up in reference to pools in HOA's. It must have come up every year in our HOA about our pool. Especially when another expense had to be approved. I say a pool is a "necessary evil". Yes, there are downsides to it and would make a great garden space. However, what attracts families and potential buyers to your HOA to purchase? A pool.

I would rather be part owner in a private pool than pay the expense of having an individual one in my yard. It's WAAAY more expensive, more issues, and insurance requirements to allow individuals to own their own pool. This way the pool is in one general area and disturbs those owners who obvisously bought their home within ear shot of the pool. It wasn't like the pool was hidden from these people when they bought their homes...

The developers/builders installs pools because they know it will attract buyers and they don't have to deal with the long term maintenance issues. Which the long term maintenance is the most expensive part of owning a pool. If your association is willing to be okay with not having an item that would pull in purchasers, then discuss getting rid of the pool. However, I think you will find that having the pool does indeed provide some benefit seen and not seen. I recommend keeping the pool and just dealing with the arguments that will always arise each summer....

Former HOA President
BradP (Kansas)
Posts: 2,640
Posted:
It is a decision that if made would need to be discussed and approved at a meeting and as residents you should have an opportunity to weigh in on this issue. Someone else brought this up in another thread, in some areas it is illegal to just fill in a pool without removing it.
FredS7 (Arizona)
Posts: 927
Posted:
Not only would this change need to be approved but (depending on how your documents are written) it might need considerably more than a majority to approve.

You should also determine whether you need approval from banks that hold mortgages.
FrankM7 (Pennsylvania)
Posts: 61
Posted:
Good point FredS7. Removing a pool could, in the eyes of a mortgage-holding bank, reduce the property value even more than this present economy already has, and could put the owner under water on the mortgage balance. It may take a lot of research and approvals prior to a vote on the change.
AlanK1 (California)
Posts: 4
Posted:
Thank you very much guys. We've got clear vision on how to block this idea about filling pool.
SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, that may not prevent them from closing the pool permanently.

Personally, I'd be P.Oed if i were a new owner and was promised a pool with my purchase.

Look for a very high voting threshold needed to close that pool. I'd bet it would be 100% needed.

SusanW1 (Michigan)
Posts: 5,202
Posted:
Well, that may not prevent them from closing the pool permanently.

Personally, I'd be P.Oed if i were a new owner and was promised a pool with my purchase.

Look for a very high voting threshold needed to close that pool. I'd bet it would be 100% needed.

FredS7 (Arizona)
Posts: 927
Posted:
If you want to oppose it- look for language that states (perhaps indirectly) that the HOA has an obligation to maintain the pool. By indirectly I mean- it may say that the HOA must maintain common elements in one place, and in another place the pool may be named as a common element.

Between that, and raising questions about how many votes are needed, and asking about legal review of impact on mortgages...that should slow down or stop things.
SheliaH (Indiana)
Posts: 6,964
Posted:
We're working with this issue right now. Our CCRs require 75% of homeowners to approve closing the pool or reopening it if it's been closed for two consecututive years (which it has been since 2008.) In our case, we closed it because of money problems and in the research we've done over the last six months, we've found it would cost A LOT to reopen. Not only would we have to install the anti-entrapment equipment (now required by federal law), our decking is a hot mess, thanks to two years of weather (including February's blizzard). We also need a new cover and since the pool's over 30 years old, God knows what else we'd need in repairs. Unlike your community, our usage is quite low, so given that and the potential repair expenses, our board is recommending that the pool be closed.

You probably need to have a special homeowners meeting to discuss the pros and cons (some of which I've listed above), and then take a vote. If noise is your main issue, you might want to ask about rules that could be set up for the playground (e.g. opening and closing hours). If the playground is geared towards young children (7 and under), that may help prevent some commotion since those kids would probably have parents or guardians with them. The kids I'd worry about are the teenagers who might loiter about and cause a number of problems besides noise.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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