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KristyM (Georgia)
Posts: 5
Posted:
Hi,

We want to install a partially recessed Hot Tub in our back yard. The yard is fenced and it will not be seen from the street. When I called the HOA they said I had to submit for approval. I looked at the covenants and it only states there are No above ground swimming pools allowed. I am wondering if they will deny it. Are pools and Hot tubs considered the same thing?
If they do deny it do we still have a right to have it installed?
RichardP13 (California)
Posts: 163
Posted:
The Architectural approval process is one that every homeowner in every HOA in the U.S. will go through. It is just a formal process. What you are reading is what is NOT allowed. Outside the covenants, and depending on the complexity of your association, there made be a complete set of Architectural standards.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By KristyM on 05/29/2015 6:02 PM
partially recessed

Partially recessed sound like partially above ground
RichardP13 (California)
Posts: 163
Posted:
Quote:
Posted By MarkM31 on 05/29/2015 7:31 PM
Posted By KristyM on 05/29/2015 6:02 PM
partially recessed


Partially recessed sound like partially above ground

When did a spa now become a "swimming pool"?
KristyM (Georgia)
Posts: 5
Posted:
Thank you, I appreciate your kind reply.
KristyM (Georgia)
Posts: 5
Posted:
I do not consider a Sap / Hot Tub a swimming pool. I was wonder if the HOA would consider it an above ground pool type of fixture. There are a lot of helpful friendly people on here isn't there?? Have a wonderful day.
KristyM (Georgia)
Posts: 5
Posted:
Wow... Who would have thought about it that way, that is so smart. Thank you for not being my neighbor. Have a wonderful day.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By KristyM on 05/30/2015 2:29 AM
Wow... Who would have thought about it that way, that is so smart. Thank you for not being my neighbor. Have a wonderful day.

Your witch with a capital B attitude shines through loud and clear, thanks for not being my neighbor!

You've asked for help and now your slapping around the very people you are asking.

KristyM (Georgia)
Posts: 5
Posted:
I apologize Crystal. You are right. I should not have said that. I thought he ( M ) was being rude to me. And your right I was asking for help, One man was nice enough to give me his honest opinion and the other was being sarcastic, so I responded with sarcasm also.

I appreciate the help from the first reply greatly, and also his comment to the second reply.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By KristyM on 05/30/2015 4:28 AM
I apologize Crystal. You are right. I should not have said that. I thought he ( M ) was being rude to me. And your right I was asking for help, One man was nice enough to give me his honest opinion and the other was being sarcastic, so I responded with sarcasm also.

I appreciate the help from the first reply greatly, and also his comment to the second reply.

There you go! I have learned so much here and I know you will too. There are a handful of regular posters here who know their stuff and then there are those who pretend to know their stuff! And then there are those who just outright, disagree for whatever reason. It's all good with the right attitude!

Most people here don't try to insult anyone, but sometimes the statements can feel like they are insulting your intelligence, but it's not meant to be taken that way. And trust me when I say if they are trying to insult, you will know it!

It would seem to me that a hot tub would be allowed since it's not in the docs, but there may be a few qualifying aspects they want you to do in order to protect you and your neighbors. I can see why an above ground wouldn't be allowed, I think we've had a few of those cases here where it collapsed and flooded everyone but the owner. I don't see that as an issue with a hot tub though. Make sure you read through your docs to know what your options are if they deny, usually a hearing of some sort is the next step.

Good, bad or indifferent there is a lot to learn here! Good luck!
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Kristy

Do not get the ARC or the BOD overthinking like you have. Simply submit a request for a Hot Tub and await a decision. As part of the request add pictures of the model you want and any pictures of an actual installation. If having it professionally installed then reference that with a brochure/letter from the company doing the installation.

JohnC46 (South Carolina)
Posts: 14,265
Posted:
Quote:
Posted By JohnC46 on 05/30/2015 6:23 AM
Kristy

Do not get the ARC or the BOD overthinking like you have. Simply submit a request for a Hot Tub and await a decision. As part of the request add pictures of the model you want and any pictures of an actual installation. If having it professionally installed then reference that with a brochure/letter from the company doing the installation.


ADDITION

In my last HOA if the hot tub was part of the deck (on it or sunken into it) then no permission was required. Permission was only needed if it was free standing. We did not allow above ground pools but we did allow in ground pools.

In our HOA, all backyards have a 6ft privacy fence around them and as long as something does not rise above the top of the fence we have no rules and regulations thus one could have a hot tub. Our backyards are to small for a pool to be installed.
MarkM31 (Washington)
Posts: 556
Posted:
Quote:
Posted By n/a on 05/30/2015 2:25 AM
I do not consider a Sap / Hot Tub a swimming pool. I was wonder if the HOA would consider it an above ground pool type of fixture. There are a lot of helpful friendly people on here isn't there?? Have a wonderful day.

That's what I was trying to answer. The fact that you don't consider a hot tub partially above ground as a type of pool is no reason that the HOA may in fact consider it as such. In fact, hot tubs can be referred to as soaking tubs.

Are ground level pools allowed? And the only prohibition is against pools which are above ground? That may be your saving point, and the hot tub may have to be fully recessed into the ground.

From your other comments, you seem like the type that comes here only for affirmation of your previously conceived ideas, and view any challenge however slight as a personal affront. If that is the case, I suggest that you temper your views before you meet with the HOA.
MarkM31 (Washington)
Posts: 556
Posted:
Soaking pools
KristyM (Georgia)
Posts: 3
Posted:
Thank you for your information. I have so far submitted a request with diagram and let them know it will be professionally installed. I did not submit pictures or brochure. Good idea. I do have a privacy fence and will not rise above. So far I don't believe I have brought too much attention, other than the submitted request and the e-mail to confirm they received it. Only time will tell now. Thanks again.
KristyM (Georgia)
Posts: 3
Posted:
Thank you. Your information is very helpful.
KristyM (Georgia)
Posts: 3
Posted:
Thank you, I wasn't looking for affirmation. I was looking for valuable opinions and advice from other with this experience. I appreciate your last post, It was lot more helpful than the previous.
MarkM31 (Washington)
Posts: 556
Posted:
The ability or inability to utilize a rhetorical statement does not mean that the statement was not of use.
CyrstalB (Maryland)
Posts: 457
Posted:
Quote:
Posted By MarkM31 on 05/30/2015 7:29 AM
Posted By n/a on 05/30/2015 2:25 AM
I do not consider a Sap / Hot Tub a swimming pool. I was wonder if the HOA would consider it an above ground pool type of fixture. There are a lot of helpful friendly people on here isn't there?? Have a wonderful day.


That's what I was trying to answer. The fact that you don't consider a hot tub partially above ground as a type of pool is no reason that the HOA may in fact consider it as such. In fact, hot tubs can be referred to as soaking tubs.

Are ground level pools allowed? And the only prohibition is against pools which are above ground? That may be your saving point, and the hot tub may have to be fully recessed into the ground.

From your other comments, you seem like the type that comes here only for affirmation of your previously conceived ideas, and view any challenge however slight as a personal affront. If that is the case, I suggest that you temper your views before you meet with the HOA.

You missed her response to my post, where she apologized, and did so rather quickly I might add. And as such, I would not classify her as "the type".
BobD4 (up north)
Posts: 1,002
Posted:
However incendiary the process, communities need to update their governance documents from time to time as their state laws & judicial decisions evolve. Hot tub issues weren't biggies 30 years ago.

A condo owner in my jurisdiction successfully appealed against the condo BoD's refusal of his free-standing, hardwired HOT TUB.

But the court of appeal upheld the denial of trellis & fountain that would have shielded his poor neighbours from sight of hairy bodies & God knows what. The site was postage stamp sized and exclusive use common element, not 'lot line condo'. Shaky decision followed by judicial outcomes in other cases suspiciously to compensate.

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