HOA Pool Fencing

Started by JudithE1 • 6 replies • 1426 views

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JudithE1 (Arizona)
Posts: 21

Posted:

There are mixed reviews re: Arizona State Statute 36-1681 passed in 1990, which requires residential communities to upgrade their fencing around pools if not compliant with new specifications. I live in a HOA Planned Community with two pools and fencing which were in place prior to 1990. No repairs or changes to the fencing since 1973. Fencing in excellent condition.

My question is...do we fall under the Grandfather Clause as each lot is individually owned and each has an interest in the common grounds.

What is confusing is the fence companies here in Phoenix, say we do not fall under the Grandfather exemption.

Any advice would be appreciated.

Thank you.

GlenL (Ohio)
Posts: 5,491

Posted:

An excellent question for both the HOA's attorney and insurance provider. From my lay reading of the statute if the pool and barrier were in place prior to the act, then you are OK. I would assume that if any replacements were required, you would need to bring the barriers into compliance. We had a four foot wooden fence around our pool which met the code, a prior Board changed it to an eight foot metal fence and the insurance savings paid for it.

To see 36-1681. Pool enclosures; requirements; exceptions; enforcement
http://www.azleg.state.az.us/ars/36/01681.htm

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JudithE1 (Arizona)
Posts: 21

Posted:

Thank you Glen. I didn't realize our insurance company might pay if needed. I too am pretty sure we are covered under the Grandfather clause.

GlenL (Ohio)
Posts: 5,491

Posted:

Judith our insurance company didn't pay for the fence, the savings from lower premiums did. Sorry if I wasn't clear.

Studies show that 5 out of 4 people have problems with fractions

JudithE1 (Arizona)
Posts: 21

Posted:

Glen,
Thanks for putting me on the right track.

LarryB13 (Arizona)
Posts: 4,099

Posted:

Quote:

Posted By JudithE1 on 10/29/2013 2:08 PM

What is confusing is the fence companies here in Phoenix, say we do not fall under the Grandfather exemption.

What else did you expect them to tell you? Fence companies are in business to sell fences, not dispense legal advice. You have read the statutes; if you feel there is no need to act then don't worry. If you are unsure, seek out legal advice from a real attorney.

AnnH5 (Florida)
Posts: 304

Posted:

My question is this- does your pool require any type of licensure or certificate from the Department of Health? In my state, our Association does require some sort of certificate/license and we have had to make mandatory safety upgrades. I also wonder if your Association's insurer would give you better coverage for being compliant with the new fencing mandates.

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