Above ground pool nothing in Bylaws

My husband brought home an above ground pool, we've both read over the bylaw of our HoA many many times, and it does not state anywhere within about landscaping or pools. We've also checked the DCCRs. We both did searches for key words (Pools, Landscape, Aboveground) within the bylaws and dccr, and nothing came up.

He got the pool because we live in a very hot part of Texas, and our community DOES NOT have a public pool, nor does it have a playground.

Other residences near by have trampolines and swingsets, the backyards are completely fenced in with locks.

If there is nothing stating it in the Bylaws will we be alright? I wish he had checked before he bought it, but it's to late for that. It's been up for a while, and so far nothing has been said to us by anyway (our HoA will take pictures of your house to prove to you that you did something wrong...so I'm sure it would have been pointed out by now..)

Our location isn't even on google maps yet. My mother in law lived in one of the builders other communities and had an in ground pool. I've seen people building extensive decks in back yards (That can be seen from entering the neighborhood) The house in front of us is building something extensive in their back yard, as they've been bringing in a ton of plywood and taking it out back.

My biggest fear is we will be told to take it down, which not only hurts us money wise, but only hurts my son, who loves it (Myself as well since I can't enjoy public pools due to an Anxiety / Panic disorder and Agoraphobia). If we had an alternative we would have used it, but even the lakes around our house is private and you aren't allowed near them unless you live in that area.

I don't mind signing forms for it, but being told to take it down will be devastating to my family.

Thanks.

I'm guessing the DCCRS is what you are talking about? Sorry, this is our first house, so it's all new to us.

I see Architectural Controls, and it does say we need written consent, which I seemed to have missed (the search didn't bring it up). So I'm guessing we just need to let them know so they can give it?

Thanks, it may be a day or two before I'm able to contact them due to work, but I'll be sure to report back what's said!

Well I did find it in the DCCR, but it doesn't state whether they mean above ground or in ground..it just says

No building, fence,wall, outbuilding, landscaping, pool, detatched building, athletic or play equipment or facility, structure or improvement will be erected, altered, added onto or repaired upon any portion of any lot without the prior written concent of the ACA.

Now mind you, we had our Swingset the same month we moved in (Which was the same month the house was finished in March of 2017). We even made it very clear when we were planning the house being built we were getting a swingset and possibly a pool. There are also a lot of detached buildings / sheds.

I didn't get the Bylaws and DCCR until December of 2017 when I had to complain about a neighbor blaring loud music in the wee AM hours waking myself and my son, though they've said nothing to us about it. Plenty of other neighbors have swingsets and trampolines as well.

It looks like your CC&Rs require consent from your ACA, but there are no restrictions listed on pools, so they would not be able to deny it as long as it is not placed in any easements or setbacks (unless there is something somewhere else in the CC&Rs). Someone mentioned "catchall rules" but those are not generally enforceable in Texas where the rule of law is that whenever the CC&Rs are ambiguous, the courts must rule in favor of the "free use of land" (in other words, in the owner's favor.

A couple of general things to remember about HOAs:

1. DCCRs and CC&Rs are the same thing. I think the term CC&Rs is more common.
2. The CC&Rs are what control your private property. HOAs cannot use architectural guidelines or bylaws to create restrictions, although some have tried.

If they ask you to take the pool down, I would ask them to specify the restriction that was violated. They cannot make you take it down because you did not get approval first, but they can ask you to submit the application after-the-fact.

This is going to end up badly, I think.

You have violated your CC&Rs. Now the Board is cornered to act based on those CC&Rs.

Whether you win in court - eventually - probably isn't your biggest concern - it's not having to go to court to defend yourself.

As a scenario - five years your HOA got a request from a homeowner to build an above ground pool. They turned it down and the owner griped and complained and hired and attorney, then decided not to build the above ground pool... you could be in this neighborhood. Could you still win in court - maybe - how much will its cost.

So many reasons to do a mea culpa via phone - try and get some time with the Board to discuss the situation and see if they are willing to negotiate. If they aren't - and, it is a large enough neighborhood to have a war chest for legal battles, you may want to reconsider.

Bigger question here... Who pays for the water? Does your HOA dues include water or not? If it does, then they have a say about a pool. If not, then you pay for the water.

In a HOA it is ALWAYS best to ask for permission than forgiveness. So go find who you need to talk to. Get it in writing for approval.

AER

Like it or not you have installed at least one thing (swing set) that you did not ask permission for and now you are considering adding a second (pool). What makes you think you are such a special snowflake that the Covenants do not apply to you?

Get it approved first, get it approved first, get it approved first.

There's an attitude that seems to be gaining steam these days that says, "It’s better to beg for forgiveness than to ask for permission."

I see it everywhere online. "It's a way of life," "it's how you should live your life," etc. Google the expression if you've never heard it before. It's a big, big thing. One website explains, "It’s not about abusing situations but about knowing when to push the boundaries. It’s about knowing that the overwhelming number of people in life are naysayers and “no sayers” and sometimes you gotta just roll the dice and say WTF."

While people are picking up on this concept, it is anathema to HOAs and condo associations. ALWAYS ask for permission first and if you think you're better off just winging it and plan to beg forgiveness later you're in for a rude surprise when reality strikes you right between the eyes. Do yourself and your neighbors a favor and get it approved first.

Tim

The person just keeps going. A swing set then the pool knowing full well they should have asked for permission. What is next for them to install without asking?

We have a recent new homeowner who has been violating our rules left and right. "We didn't know!" is their excuse. In Florida, anyone who buys into an HOA is on prospective notice of all covenants, restrictions and rules because the documents are public records in the official record books of the county.

Our response is, "You should have known."

It's on them, not us, and the homeowners aren't too keen on the idea that everyone else will pay for the damage to the common property caused by the new owner. In Florida, at least, the new owners have the responsibility to be aware of the governing documents the day they move in. The end.