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RobertS59 (Illinois)
Posts: 3
Posted:
We have a situation within our HOA. Our bylaws state that above ground pools are not allowed. The Village defines a pool as an vessel 24" or taller that can hold water...so on and so forth. The homeowner has an inflatable pool that is 36" tall. He has agreed to replace that pool with a pool similar to what he has but under the 24" as defined by the Village. We (the HOA) spoke with the homeowner and informed him that the covenants do not permit an above ground pool. He asked us to define what a pool is so he and his family could get something in line with our definitions of a pool for their 3 year old. When we reverted to the Village ordinance on the pool we were right back to the 24" language. If we have nothing in writing to define what an above ground pool is how can we enforce asking for a pool shorter than 24"? Is the homeowner right in his argument that as long as his pool is under 24" tall it doesn't meet the definition of a pool according to the Village ordinance?
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I would determine more if it is a permanent structure than an inflatable. It would concern me more if they installed something that can't be removed end of season.

Former HOA President
RobertS59 (Illinois)
Posts: 3
Posted:
The current pool is an Intex 15' diameter 32" tall pool. It's the inflatable type, They put it up Last week and plan on taking it down right after labor day weekend. So it's definitely a temporary structure. No deck or anything lie that.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Often members of the Board do not want to quantify ambiguous language.

This is sometimes upon the advice of their attorney who says by having the ambiguous language, each board can make the determination as the situation requires (but I think it's because they make money by defending said determinations).

I'm with Melissa in that I would be more concerned if it was a permanent pool (and I think that this is the argument you should make).
RobertS59 (Illinois)
Posts: 3
Posted:
Thank you for the reply!
AugustinD
Posts: 5,144
Posted:
I am curious: How visible is this 15-foot diameter pool to neighbors and people driving by the home?

I think I'd let the village ordinance rule control. Not necessarily because it's the controlling law. It may not be. More because HOA members are entitled to a certain amount of peace and enjoyment of the property. If the pool is not bothering anyone, I would hope the Board let this matter go and keep conflict to a minimum.
JonD1
Posts: 2,350
Posted:
It would seem to me the documents are quite clear. No above ground pools.

The village code in my view does not define what constitutes a "pool" as the pool owner suggests.

The board would have the authority to define what constitutes a pool, should the documents not provide specific dimensions.

Most people know a pool when they see one. Sort of like when we have a restrictive rule that driving your car on the lawns is not permitted. Now does that mean big cars, little cars, foreign made cars, or occupied cars versus unoccupied cars? The rule is just to ambiguous. Or the board lacks the spine to enforce any rules?

My guess this will open the door for future pools that are not really pools after all by the definition provided by the pool owner. Maybe just a huge water dish for their dogs.

Here if the documents did not allow pools that would mean no pools allowed as defined by the board. Not the pool owner.

If you need to be everyone's friend best not to serve on a board,
MelissaP1 (Alabama)
Posts: 13,836
Posted:
You and your neighbors have the power to change this rule if you do not believe it's something you all want to enforce. There's no reason if a rule isn't working for the majority, that it can't be changed in the documents. I don't see anything wrong with these new inflatable pools as long as maintained and removed by end of season. However, it is up to what the rest of the HOA members feel/want.

How to change your documents is in them. It takes a majority vote and/or a special meeting. This may be an opportune time for you all to go through your CC&R's, by-laws, ACC, and Articles of Incorporation to make changes. I believe they should be reviewed and modified every 7 -10 years due to just life changes.

Former HOA President

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