ARC not being consistent-pool

We have an Architectural Review Committee(ARC)as part of our development. These are single homes- not condos. The rules are very vague and say the Architectural Review Committee can deny any improvement on aesthetics, alone. The board is made up of 3 members, two of them are husband and wife and the developers. The issue is we want to put in an inground pool (no rules against it). My yard is very sloped, they ask for elevations, but there are no written rules on what elevation has to be. It will be even with house base level. Retaining walls will be toward the back wooded lot. Previously, I submitted a pool plan and the elevations were even higher than the ones we are proposing now (it was approved), but it was in the back of the house. Our house is on a wooded lot, no one would even see the pool, regardless of where we put it in the backyard.

We also said, we'd put in any landscape they want. There are several pools in the neighborhood. One neighbor has her pool on the side of her backyard. We are proposing the same (our pools are very similar, she has retaining walls too, only difference is our elevation). Another person, did not get approval and put their pool on the side of their yard (not even the back yard-it appears the plan was to ask for forgiveness, rather than permission). ARC was angry but did not make them tear it down. They are making them put landscape around it and retroactively approved it.

We are trying to do everything the right way, but they are giving us tons of push back, when others have been allowed. There are specific rules set forth in the ARC that have been broken-nothing is done. There are no specific guidelines for what we want to do (other than it has to be inground) and ARC can deny it on aesthetics alone. People have hot tubs and playsets on the side of their backyards, that they were supposed to get approval for, they did not-nothing done.

This seems very arbitrary and capricious to us. An abuse of power. They are not being consistent or reasonable. Again, no one will even be able to see the pool, so not sure how the aesthetics are an issue? You can see all the other people's pools Not to mention, the pool will be beautiful. Any thoughts?

none of those issues apply here. One house away has a pool and mine would be nearly identical. She gave me her plans. If anything the other pool and landscape obstructs our shared neighbors lake view. My pool would not obstruct anything. No one will even be able to see my pool. There is not even a rule it can't be seen. Her pool went in just a few years ago. Same members, no rule changes. There are also other pools in the neighborhood. I honestly think the developer is pissed the people down the street didn't get the proper approval and put their pool on their side yard (not backyard) and he is taking it out on us. He is not making them rip it out. He is putting us through stuff, he has not put anyone else through. They haven't even rejected it yet. But he came and looked at my property (didn't do this with others), and he was walking around shaking is his head "no" the entire time, so I'm doing my homework and preparing for a response. Again, I'm not breaking ANY rules or specified guidelines. Others break the rules all the time and get to keep their desired changes.

It doesn’t sound like you have provided the requested drawings, contours, drainage, elevation ...did I misread?

We submitted, but honestly, we screwed up on the drawing. A very experienced contractor is doing the work but he drew up a very simple drawing. They want a lot of detail, so we had a family member fill in some of the details and they put the wrong numbers in. Its been frustrating because they wont talk to us, they just want the plans submitted and to respond in writing. We just want a little direction on what is allowed and we are not communicating well. I'm just going to hire an architect. Hope it's not wasted money. I think I'm going to change the entire plans anyway. There is no sun where we were proposing and I think if we change it we can have smaller retaining walls.

Pools are a big deal ... and a lot can go wrong. They are an extremely popular item to end up in court with contractors.

If this were my community, and I have been on boards in several, I would insist on nearly architectural grade plans ...including elevations, etc, that connect accurately with the survey, or a new survey showing everything possible. Frankly, low quality drawings, with people filling in details, is a scary situation.

Likely the reason they don’t want a conversation with you is that you would not be able to provide the hard information they want - sometimes Board or ARCs will all W discussion, but only if you have the builder/architect there and they have suitable technical staff or members to communicate effectively.

If they have a lot of activity, having hard data first may be the best they can do.