Above ground pools

Our CCR’s specifically say “above ground pools are prohibited”. Is there a “medical” way around this?

Not even with a “prescription”?

I don't think there is any legal grounds for it. I assume inground pools are allowed so you could have a pool for your medical condition. As long as you have alternatives, I don't think a court would override the CC&Rs.

No you do not have to allow it. It clearly states Prohibited. Medical excuse or not. The HOA doesn't have to follow ADA laws as it's not public. I see no reason why the board should or needs to approve an above ground mosquito nest. It is one of those things that will effect attracting buyers. Which is unfair to other's who don't have this option. Plus it basically the HOA couldn't control it. What if they don't care for it? What if it breaks and floods the neighbors? What if a kid climbs over and drowns in it?

Honestly, common sense needs to prevail here. Someone claiming "Medical reasons" doesn't mean you get what you want. Even "Service animals" are falling under more stricter rules.

If they can't afford an in-gound pool, then they probably can't afford to sue association challenging the cc&r based denial.

Contacting HUD to enforce Fair Housing rights costs nothing. Though I would have to know more to opine on the merits of any FHA claim here.

These days I believe HUD faces disability discrimination claims more often than any other claim of discrimination. Below is a link to a 2016 appeals court opinion that notes how a town prohibited accessory structures like above ground pools, but the town board granted a variance. This was because one child in the household suffered from cerebral palsy and another, autism. Aquatic therapy benefited them. I do not know to what extent the town parsed what the childrens' doctors said. If the disability was obvious, and given all the parents are going through and the legal risk, I would be inclined to be generous.

https://caselaw.findlaw.com/us-2nd-circuit/1738826.html, Austin v. Town of Farmington, NY, 2016.

I don't think HIPAA would be an issue. HUD already allows an HOA to require medical documentation of a disability and need for a service or support animal. However, this "disability" is temporary as the person recovers from surgery. Even if you have to allow the pool, which I don't think you do, you could require them to remove it after recovery.

I think the question that needs to be answered is, "is there any other reasonable way for the person to get the therapy they need without violating the restrictions?" That is what HUD is going to consider.

A HUD attorney from one of the Texas offices told me that they welcome calls from HOAs with questions.

https://www.hud.gov/states/texas/offices

Although they could, I do believe that there would likely be better control of water chemistry at a home pool. Of course, a hot tub might provide the same benefit without having an above ground pool.

Additionally, a water therapy pool can be set into the ground.

Keep in mind that a 30 foot diameter pool is not needed for therapy. A water therapy pool (aka endless pool) is typically a 7 foot x 13 foot pool approx 4-5 feet deep. They can even be installed in a basement or garage.

Outpatient physical therapy centers typically have all the equipment they would require for therapy.

If the request came to me, I would do one or more of the following:

1) Disapprove per the CC&Rs.
2) Approve on medical reasons but must be removed by mm/dd/yyyy
3) Seek a legal opinion

They are calling your bluff. I say reject it based on the Covenants and throw the ball back in their court.

https://images.homedepot-static.com/productImages/158c4b6f-d96a-4f49-b6ab-ea48002f188c/svn/gray-blue-wave-above-ground-pools-nb3004-64_1000.jpg

Above ground pool similar to the image. I know what a wave pool or endless pool is. I have considered one myself but they are quite pricey.

Again. I would deny them the pool. It is not a temporary structure and there are other options. You said you all have a pool. Well then they can use it. The answer is in the CC&R's medical or not. The doctor just gave them the excuse but probably said here you deal with your HOA.

People who get hip replacement have plenty of therapy options and rehab centers. Oh and those pools won't be "private". So that is their own issue. That doesn't have to be everyone's. The HOA is NOT one person but EVERYONE. So it doesn't make sense to bow down to one person's wishes when it will damage everyone.

An above ground pool is banned for many reasons. Plus they don't add value to a home. Pools are attractants but end up like a boat. Nothing but sinking money into it...

My mother had same issue, she needed a small pool, but was not allowed. Not sure why it helped, but she had a nerve issue in her foot / lower leg and was very hard to walk. So she really would have a hard time going to a local gym. and public pools have so many kinds she was always scared someone would accidentally trip or bump in to her leg. But she found just sitting in a pool would help calm down the nerve pain. The in-ground pool we could not have cause we did not have enough room in back yard for it thus we could not get a permit. We ended up getting a Hot tub, and it may of even worked out better for her.

I would just suggest the alternatives. and if they still persist just ask a lawyer.