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MikeC6 (Illinois)
Posts: 30
Posted:
We have a homeowner that has installed a 5 foot above ground pool. This is not the inflatable kind.

Our declarations on pools state that an in-ground pool can be installed in the rear of the lot.

We also have another declaration that says "No Outbuilding, Shed, storage shed or other temporary or permanent structure shall be constructed on any lot".

My question is, is an above ground pool that requires a permit from the local village considered a temporary or permanent structure and if so, has anyone ever had to enforce this?
JohnC10 (Arizona)
Posts: 106
Posted:
Here's an interesting case regarding "structures".

https://portal.azoah.com/searchable/170235.doc

PaulM (Pennsylvania)
Posts: 1,347
Posted:
MikeC6: You have posted twice on this subject and have received many responses mostly stating that if your docs do not refer specifically to above ground pools, then you may not have a basis to deny them based on the official docs as they read now.

Again, if the above ground pool is a type which can be easily erected and then dismanted, it is temporary, not permanent.

Don't know what is meant by 'another' Declaration's statement, except to say there is a glaring contradiction between statements which dictate that 'an in-ground pool can be installed' and then to state 'no temporary or permanent structure shall be constructed on any lot....' ???

Your local municipal office may be of help in decifering 'structure' for you, and in learning their rule/code on erecting temporary above ground pools.

LindaC3 (Florida)
Posts: 526
Posted:
Mike...I posted a lengthy reply on your other post with Florida COdes to see if that may be of any help to you...I stand corrected on my earlier post where I felt an above ground pool was not a structure...FBC states different..................Best of Luck.........LindaC
RogerB (Colorado)
Posts: 5,067
Posted:
Quote:
Posted By MikeC6 on 07/27/2007 9:58 PM

We also have another declaration that says "No Outbuilding, Shed, storage shed or other temporary or permanent structure shall be constructed on any lot".

On another thread you posted "no permanent structure can be built on the lot". There seems to be a conflict; which is correct? If both are in the Declaration then I would presume neither permanent nor temporary structures are allowed since both of your statements included permanent and one goes further to restrict temporary.
MikeC6 (Illinois)
Posts: 30
Posted:
Thanks. That was interesting. Sounds like almost anything is a structure.
MikeC6 (Illinois)
Posts: 30
Posted:
I am sorry for any confusion. To clarify, there are 2 rules. 1 that states an inground pool can be installed. It says nothing of above ground pools.

There is another rule that states that no temporary or permanent structure may be built on the lot.

The question is that if a pool that is a big pool that is not of the inflatible type is a temporary or permanent structure.

I think it is at the very least a temporary structure so it is not allowed.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
I think the fact the rule mention a specific type of pool being allowed (In-ground) excludes any other type of pool. If above-ground pools were allowed, I believe there would be no need to exclusively mention ONLY in-ground pools. IMO, an above-ground pool isn't allowed. They do cause damage to the area where they are installed. If not maintained correctly, they create a mosquito nest. I would never approve an above ground pool in my HOA. Quite frankly we ain't got the room and already have a pool for the residents.

Former HOA President
LindaC3 (Florida)
Posts: 526
Posted:
There is another rule that states that no temporary or permanent structure may be built on the lot.

Hey Mike....just a quickie....does this rule also extend to say play houses and large jungle gym type things ? LindaC

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