Above ground pools

Started by MikeC6 • 13 replies • 3904 views

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MikeC6 (Illinois)
Posts: 30

Posted:

We have a rule that states "an in-ground pool can be constructed in the rear of the lot" We also have a seperate rule that states "no permanent structure can be built on the lot". A homeowner has installed a big above ground pool. We are thinking that either of these rules would apply. Any thoughts?

RogerB (Colorado)
Posts: 5,067

Posted:

Mike, the in-ground rule does not apply to anything exept in-ground pools. The second rule does apply only when the above ground pool is permanent.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

MikeC6: An above ground pool is not a permanent structure and can be dismantled.

GloriaM (North Carolina)
Posts: 829

Posted:

Does your governing documents allow for an above ground pool?

BradP (Kansas)
Posts: 2,640

Posted:

Mike:

I may be stepping off a thin branch but if your docs don't specifically speak to above ground pools I think that gives your BOD or ARC the ability to use judgement as to whether they want to approve them and where. I think if you are consistent in your approach and have reasonings for or against that make sense you will be ok either way.

LindaC3 (Florida)
Posts: 526

Posted:

Posted By MikeC6 on 07/26/2007 11:50 AM
We have a rule that states "an in-ground pool can be constructed in the rear of the lot" We also have a seperate rule that states "no permanent structure can be built on the lot".

MikeC6....Okay I have a real "silly" question to ask........If your rule says no permanent structure.......how does that pertain to someone building a home ??? Or does your rule state "no accessory permanent structures can be built" ?

Being in the construction business an above ground pool is not a structure.....It falls into the catogory of play equipment.....Now if they were to say construct a screen enclosure that in itself is considered a "structure".....In the State of Florida if the structure does not a permanent concrete foundation then it is deemed non permanent, like say a shed....

I would suggest that you approach your BOD and ask for a clarification with regards to above pools..One could reasonably argue that because they are not directly addressed as being prohibited one would not need permission to erect one.....and that is just my opinion.....LindaC

MikeC6 (Illinois)
Posts: 30

Posted:

Would you consider it a temporary structure?

LindaC3 (Florida)
Posts: 526

Posted:

MikeC6.................Could you possible tell me what State you reside in ?? LindaC

LindaC3 (Florida)
Posts: 526

Posted:

MikeC6......I live in Florida nad hopefully this will help you...Taken straight out of Florida Building Code

Here is the definition of swimming pool out of the FBCR Chapter 41;

SWIMMING POOL, PRIVATE. Any structure, located in a residential area, that is intended for swimming or recreational bathing and contains water over 24 inches (610 mm) deep including but not limited to in ground, above ground, and on ground swimming pools, hot tubs, and non-portable spas.

Then we have the definition of structure from SECTION R202 of the FBCR;

STRUCTURE. That which is built or constructed.

Then we have the definition of built and constructed out of the dictionary;
BUILT. To make by combining parts; construct.

CONSTRUCT. To form by assembling or combining parts; build.

By definition a swimming pool by code has to have more then 24" of water in it. If not then the code doesn't recognize it as a structure.

Also, the definition of a portable swimming pool by definition still has to meet the swimming pool requirements;

PORTABLE POOL. A prefabricated pool which may be erected at the point of intended use and which may be subsequently disassembled and re-erected at a new location. Generally installed on the surface of the ground and without excavation.

Hope this helps,
LindaC....................

KennyD1 (Texas)
Posts: 51

Posted:

Does your governing documents mention anything of an ACC (Architectual Control Committee), where a form must be submitted for approval?

MikeC6 (Illinois)
Posts: 30

Posted:

No, the Declarations do not mention any ACC.

PaulM (Pennsylvania)
Posts: 1,347

Posted:

Mike C6: What process does your association use for members to submit a request for an addition or change to the outside of their unit and/or space?

MikeC6 (Illinois)
Posts: 30

Posted:

I reside in Illinois in dupage county.

MikeC6 (Illinois)
Posts: 30

Posted:

There is no process mentioned in the decs.

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