RandyB6 (Pennsylvania)
Posts: 29
Posts: 29
Posted:
I am new here and did a search on this topic and did not find anything to recent.
We are located in PA with 90 homes and I am on the board.
The current rules we have were developed and written by the developer and have been modified via 75% approval three times. Once to reduce number of minimum trees from 8 to 4, allow special fencing for corner lots and change sheds from 20 feet off boundry to 10 feet off boundary to match the township.
Our Declarations of Restrictions, Covenants, Conditions, and Easements state:
10.2.12 - No above ground swimming pools shall be permitted.
In 2010, we were asked to allow the community to vote to allow:
Temporary Above Ground Pool
Permanent above ground pools are prohibited. A temporary above ground pool, no larger than 15 feet in diameter and to taller than 3 feet 6 inches (42 inches) in height, may be erected no earlier than May 15th and must be disassembled no later than September 15th. No decks, platforms, concrete or any other type of structure will be allowed around any temporary above ground pool. The pool must be of the soft sided inflatable air ring type. No PVC, aluminum or metal framed above ground pools are permitted. The above ground pool must be contained within the back footprint/profile of the home. Homeowners must submit a completed copy of the township's pool permit application, pools manufacture, product name, size/dimensions and pictures of the pool to the ARC. The pool installation must meet all township rules, regulations and guidelines. As such, the homeowner is responsible to obtain required permits.
The homeowner votes were: 35 AGAINST the change with 24 FOR the change
To pass it needed 75% FOR the change.
We have a homeowner who put up a PVC framed above ground pool. Two other homeowners then sent us complaints about it. When we spoke to the pool owner they said NO and have since sent in other violations to us:
car parked on the street overnight
trash can on someone's patio overnight
potential shed not located in correct spot
Here is where it gets completely silly in my mind:
The pool owner WAS ON the HOA in 2010
They voted AGAINST what they are now doing
While on the HOA they never raised any such issues or concerns as they are now
Article 12 states "Failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter."
To me this allows us to pick and choose what to enforce and that at anytime we can/may choose to enforce something that was not in the past. For example, current board has no issue with trash cans stored behind homes but the next HOA may. The rules state - If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers may be placed in the open on any day that a pick-up is to be made at such place on the Unit as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so as not to be visible from the roadway or the other Units.
12.6 Right of Entry.
Violation or breach of any provision herein contained shall give Declarant or the Association, to the extent that any of them may have a right of enforcement there over, their respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies, the right (but not the obligation), after thirty days (30) notice to the Owner of the Unit, to enter upon the Unit or the land as to which such violation or breach exists, and summarily to abate and remove, at the expense of the Owner thereof, any Structure or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof; and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal.
My questions are:
Are we correct to enforce the pool issue even with others potential violations on the table?
I compare the owners actions to speeding - the fact others speed does not mean a cop has NO right to pull you over for speeding or running a stop sign.
Would lack of action/slow action open us up to liability if someone were to get hurt in the pool?
We are also sending a complain to the township as they require a permit for both temporary and permanent swimming pools and this homeowner does not have one.
Thank you,
Randy
We are located in PA with 90 homes and I am on the board.
The current rules we have were developed and written by the developer and have been modified via 75% approval three times. Once to reduce number of minimum trees from 8 to 4, allow special fencing for corner lots and change sheds from 20 feet off boundry to 10 feet off boundary to match the township.
Our Declarations of Restrictions, Covenants, Conditions, and Easements state:
10.2.12 - No above ground swimming pools shall be permitted.
In 2010, we were asked to allow the community to vote to allow:
Temporary Above Ground Pool
Permanent above ground pools are prohibited. A temporary above ground pool, no larger than 15 feet in diameter and to taller than 3 feet 6 inches (42 inches) in height, may be erected no earlier than May 15th and must be disassembled no later than September 15th. No decks, platforms, concrete or any other type of structure will be allowed around any temporary above ground pool. The pool must be of the soft sided inflatable air ring type. No PVC, aluminum or metal framed above ground pools are permitted. The above ground pool must be contained within the back footprint/profile of the home. Homeowners must submit a completed copy of the township's pool permit application, pools manufacture, product name, size/dimensions and pictures of the pool to the ARC. The pool installation must meet all township rules, regulations and guidelines. As such, the homeowner is responsible to obtain required permits.
The homeowner votes were: 35 AGAINST the change with 24 FOR the change
To pass it needed 75% FOR the change.
We have a homeowner who put up a PVC framed above ground pool. Two other homeowners then sent us complaints about it. When we spoke to the pool owner they said NO and have since sent in other violations to us:
car parked on the street overnight
trash can on someone's patio overnight
potential shed not located in correct spot
Here is where it gets completely silly in my mind:
The pool owner WAS ON the HOA in 2010
They voted AGAINST what they are now doing
While on the HOA they never raised any such issues or concerns as they are now
Article 12 states "Failure by the Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so thereafter."
To me this allows us to pick and choose what to enforce and that at anytime we can/may choose to enforce something that was not in the past. For example, current board has no issue with trash cans stored behind homes but the next HOA may. The rules state - If trash or other refuse is to be disposed of by being picked up and carried away on a regular and recurring basis, containers may be placed in the open on any day that a pick-up is to be made at such place on the Unit as to provide access to persons making such pick-up. At all other times such containers shall be stored in such a manner so as not to be visible from the roadway or the other Units.
12.6 Right of Entry.
Violation or breach of any provision herein contained shall give Declarant or the Association, to the extent that any of them may have a right of enforcement there over, their respective agents, legal representatives, heirs, successors and assigns, in addition to all other remedies, the right (but not the obligation), after thirty days (30) notice to the Owner of the Unit, to enter upon the Unit or the land as to which such violation or breach exists, and summarily to abate and remove, at the expense of the Owner thereof, any Structure or condition that may be or exists thereon contrary to the intent and meaning of the provisions hereof; and the said parties shall not thereby be deemed guilty of any manner of trespass for such entry, abatement, or removal.
My questions are:
Are we correct to enforce the pool issue even with others potential violations on the table?
I compare the owners actions to speeding - the fact others speed does not mean a cop has NO right to pull you over for speeding or running a stop sign.
Would lack of action/slow action open us up to liability if someone were to get hurt in the pool?
We are also sending a complain to the township as they require a permit for both temporary and permanent swimming pools and this homeowner does not have one.
Thank you,
Randy