Inground pool, livability for neighbors

We have a home on a corner lot who's back yard is adjacent to the neighbor on the other street's living room window (perpendicular). The neighbor's house is built very close to the property line (5-6 feet) but is built per setback requirements. The first guy wants to put in a fiberglass in-ground pool. This pool will be about 8 feet from the neighbor's living room window, but behind a 6-foot wooden privacy fence.

The non-pool homeowner is complaining to the board about this pool application for a variety of reasons (one is about drainage concerns, for which we have queried the City) but mainly about quality of life for his family since it's reasonable to expect there to be a lot of noise right outside his main living space windows.

Our CCRs allow for pools. They also allow the ARB (which is actually just the board members acting in the ARB capacity) to disallow any modification for any reason, including aesthetics.

Oh, and to make things extra fun, these homeowners also have a property line dispute going on (each has had the property surveyed and say that their survey is right) and hate each other enormously. I'm pretty sure they will be taking each other to court over this issue, so we are trying to tread lightly to avoid being an unintentional party to the lawsuit (as best we can).

Thoughts?

Sorry if I didn't make it clear. Both homes are within our HOA. They sit perpendicular to each other.

We realize that a civil lawsuit is outside of our control, but want to tread lightly to try to make sure we aren't inadvertently doing something wrong.

We only have one other pool in the neighborhood, and it backs up to woods, not another house.

Ya are in control. Simply say "No" to the approval of the pool. A pool doesn't add property value. It most likely just makes it more attractive to buyers. Dis-approve because of noise reasons. Are you allowed to have fences? Some areas require a pool must have a fence installed around them.

Believe me, I live next door to a pool that is within 50 feet of the side of my house in the neighbor's yard. It's visible and they do not maintain it well. It's usually cleaned once a year and attract mosquitos. They do have parties which end with me picking up cans, trash, and balls/toys. We have a fence between us but yet their guest will jump over.

Overall, you all need to check with the health department about pool rules/laws before proceeding. Some counties/states require certain regulations and inspections. The owner may not be able to install the pool due to certain requirements the other pool may not face.

If they threaten to sue for not approving, tell them to go ahead. Just make sure your turning this down based on reality and not because of social issues. Have the facts hard down and quote exactly the source that denies this installation. Believe me, living next to a pool this close is not just my issue but ALL.

Yes! I am out of my mind listening to pool parties next door for nearly 10 years! Listening to kids scream. Listening to balls bouncing back and forth for hours at a time. Picking up trash, beer cans, and toys in my yard. dealing with LOUD music outside my window when I am trying to sleep. Not a thing I can do about it!

So I say if the HOA has an opportunity from preventing this from happening to them or future owners, I say do NOT approve! Why the heck not? The noise alone is enough to make many potential owners take a look at the situation and run. I know many buyers have on my house when they saw the pool next door.

Under any circumstances who would want a pool built 8' from their living room window?

Imagine the conflict this would breed between these two with the HOA certainly being dragged into this mess.

I would avoid adding to the conditions that would escalate their existing issues.

My vote NO to the pool.

Thanks for the replies!

We've already had separate meetings with each homeowner for them to plead their cases. We are considering asking the homeowner to move the pool to a different location on their property. Unfortunately, these are fairly small lots (this one is .2 acres), so it may not make much of a difference.

Yes, fences are required here.

We would only provide a conditional approval at first, with final approval contingent on proper permitting from the City.

It's the livability issue that gets me the most...

Oh, and one other thing that I really just noticed today: The pool equipment location is on the side of the house, just 10 feet or so from the neighbor on the other side! I alerted the other board members to this today and recommend that at the very least it be moved to the side without a house directly next to it (the street side of the corner lot).

Suggestion:

Modify architectural review rules to only allow pools where a house backs onto woods. Easy to demonstrate intent to consistently apply the new rule throughout the community.

Within your authority. No liability created IMO.

If liability does come out of your decision, D&O insurance should provide some level of protection.

Do the Owners that want the pool have any small children? I really can't see any difference then someone living next to the main road coming into the community. I would be very fired up, if others in my community were allowed to have a pool, and I was denied.

County approval is just that. They will set the guidelines from the plot plan. If your HOA allows for pools, then approve it, as long as it meets the County requirements and the proper permits are pulled.