GaryC15 (Texas)
Posts: 6
Posts: 6
Posted:
Our HOA is not in the city limits,our bylaws require a pool fence, the requirements are vague,any thoughts
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Texas pool fence rules
Started by GaryC15 • 9 replies • 1103 views
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LetA (Nevada)
Posts: 2,679
Posts: 2,679
Posted:
Almost any property that I have seen with a pool other than single family homes with a back yard pool have a 6' to 8' fence surrounding the pool area. Pools in backyards typically require a 3' fence to prevent toddlers from falling in.
Personally, I would go with the 8' go above and beyond even if the requirements are ambiguous, safety is most important.
Personally, I would go with the 8' go above and beyond even if the requirements are ambiguous, safety is most important.
FredS7 (Arizona)
Posts: 927
Posts: 927
Posted:
The fence is presumably required to limit liability. Doing what the city requires would be a good choice. You should have a rational basis for your choice, whatever it is.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
When in doubt always look to your Local, State or Federal Laws. When I did a search regarding “Texas Pool Fence Laws” the following came up:
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.757.htm
http://www.statutes.legis.state.tx.us/Docs/HS/htm/HS.757.htm
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Also you might check with your County to see if they have more strict regulations. Keep in mind when the Owner applies for a fence permit the Local Government will need their ordinances also followed. If the HOA follows those and the State regulations at the minimum you should be fine.
JohnC46 (South Carolina)
Posts: 14,265
Posts: 14,265
Posted:
In SC there is not a state law concerning private home swimming pools though some local entities have such. As an example. In Lexington County there are no pool fence laws for private homes. In some towns in Lexington County, including the Town of Lexington, there are pool fence regulations for private homes.
It is possible that on a specific street, those homes on one side of the street must have pool fences and those homes on the other side of the street do not need to have pool fences.
I believe some states regulate pools open to the public (hotels, multi resident buildings, health clubs, etc.) but not for a private, single home pool.
It is possible that on a specific street, those homes on one side of the street must have pool fences and those homes on the other side of the street do not need to have pool fences.
I believe some states regulate pools open to the public (hotels, multi resident buildings, health clubs, etc.) but not for a private, single home pool.
JanetB2 (Colorado)
Posts: 4,219
Posts: 4,219
Posted:
Quote:
Posted By JohnC46 on 03/21/2018 11:17 AM
In SC there is not a state law concerning private home swimming pools though some local entities have such. As an example. In Lexington County there are no pool fence laws for private homes. In some towns in Lexington County, including the Town of Lexington, there are pool fence regulations for private homes.
It is possible that on a specific street, those homes on one side of the street must have pool fences and those homes on the other side of the street do not need to have pool fences.
I believe some states regulate pools open to the public (hotels, multi resident buildings, health clubs, etc.) but not for a private, single home pool.
In SC there is not a state law concerning private home swimming pools though some local entities have such. As an example. In Lexington County there are no pool fence laws for private homes. In some towns in Lexington County, including the Town of Lexington, there are pool fence regulations for private homes.
It is possible that on a specific street, those homes on one side of the street must have pool fences and those homes on the other side of the street do not need to have pool fences.
I believe some states regulate pools open to the public (hotels, multi resident buildings, health clubs, etc.) but not for a private, single home pool.
True ... However, if documents are “vague” any regulations will help in determining at least potential minimum requirements that should be considered and hopefully help protect HOA from potential litigation threats. If a state later adds private pools to their statute then the HOA will be ahead of the game.
CjC
Posts: 210
Posts: 210
Posted:
You should also check with the insurance company. They might have stricter requirements!
DouglasM6 (Arizona)
Posts: 724
Posts: 724
Posted:
Quote:
Posted By GaryC15 on 03/21/2018 5:28 AM
Our HOA is not in the city limits,our bylaws require a pool fence, the requirements are vague,any thoughts
Our HOA is not in the city limits,our bylaws require a pool fence, the requirements are vague,any thoughts
Is the pool you're referring to a private pool on a member's private lot? Or a semi public pool in the common area?
If it's a private pool you're talking about, then the bylaws are going to be your governing document. If the bylaws are more relaxed then county code, you would have to adhere to the county code. It sounds like your BOD has created bylaws to protect you from liability. If you have no small children and wish to circumvent the fence rule, you could ask for a variance.
BenA2 (Texas)
Posts: 1,273
Posts: 1,273
Posted:
If you are referring to the HOA pool then you have to have a fence in compliance with the state code that Janet mentioned.
www.statutes.legis.state.tx.us/Docs/HS/htm/HS.757.htm
If you are referring to private pools on owners' properties, then we need more information. What do the CC&Rs say? Bylaws cannot create restrictions that are not in the CC&Rs. If the CC&Rs are vague on the issue, they may not be enforceable because the rule of law in Texas is that if the CC&Rs are ambiguous, the courts must rule in favor of the free use of land.
You would have to follow any local laws but I'm guessing your situation is like the unincorporated areas of most Texas counties, not much regulation on anything.
www.statutes.legis.state.tx.us/Docs/HS/htm/HS.757.htm
If you are referring to private pools on owners' properties, then we need more information. What do the CC&Rs say? Bylaws cannot create restrictions that are not in the CC&Rs. If the CC&Rs are vague on the issue, they may not be enforceable because the rule of law in Texas is that if the CC&Rs are ambiguous, the courts must rule in favor of the free use of land.
You would have to follow any local laws but I'm guessing your situation is like the unincorporated areas of most Texas counties, not much regulation on anything.
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