HOA denying our pool in the future

Started by MaribelN • 15 replies • 703 views

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MaribelN (Minnesota)
Posts: 3

Posted:

In the covenants the only mention of a pool is that is needs to be approved by the board. We submitted a permit and were allowed to have it just this season because of Covid and must take it down before labor day.

When I asked the reasons for this ruling they said aesthetics, safety issues(we have a locked fence and a safety locked ladder), drainage issues and value of the homes. I’m redacting an email back what should I say.

GenoS (Florida)
Posts: 4,276

Posted:

Hang on a second, I have to go find my crystal ball. In the meantime, you could post about 100 times the amount of information you did. There's no way anyone, crystal ball or not, would be able to answer your question without a lot more information.

MaribelN (Minnesota)
Posts: 3

Posted:

Sorry about that what information should Ii include to make it clearer?

MaribelN (Minnesota)
Posts: 3

Posted:

Sorry english is not my first language maybe I was not clear.

HOA said we can gave the pool this summer because of covid but not next year at all
on the covenants it says all pools need approval but that’s it.

The reasons are aesthetics safety drainage and value of homes.

I was going to respond regarding the safety issues that I have a fence and the pool has a safety ladder.
Regarding the drainage issue that we were taking all precautions to drain it safely.
Aesthetics? I don’t know.... Value of homes we are next to 2 other neighborhoods with above ground pools and the calue of sold homes is very similar to ours.

I was just wondering if I could get any advice on what else to include to hopefully get a ruling in our favor.

MelissaP1 (Alabama)
Posts: 13,836

Posted:

It is normal for this to be denied. Most HOA's do not allow pools or just temporary pools. It is for aesthetic and safety reasons. This year you may get an approval because of circumstances. Next year hopefully we will be out of this pandemic.

So what is the issue? You want to always have a pool? Nope. Sorry.

Former HOA President

CathyA3 (Ohio)
Posts: 6,299

Posted:

It's not unusual for communities that allow in-ground pools to forbid above-ground ones, for exactly the reasons cited by the board. What do your covenants and restrictions say about what is allowed? (My sense of this, based on the language used by the board, is that they're making an exception this year to the ban on all in-ground pools.)

DeidreB (Virginia)
Posts: 113

Posted:

Hi MaribelN

Do you live on a single family home lot? How big of a lot? Are there any HOA published guidelines for pools (I suspec not based on he response)?

You could send them back an email asking for their architectural guidelines for approving pools in accordance with pargraph Xy (insert exact language from CCRs about pools).

Your covenants leave pools up to the Board. But they arent prohibited by the Declarant either (the developer who drafted the Declaration). You have a little room to play here in my view. You could always ask them for their guidelines for determining approval since pools are not prohibited and see what they say.

If I really wanted a pool in my backyard, that's what I would do.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By MelissaP1 on 06/22/2020 3:18 PM
It is normal for this to be denied. Most HOA's do not allow pools or just temporary pools. It is for aesthetic and safety reasons. This year you may get an approval because of circumstances. Next year hopefully we will be out of this pandemic.

So what is the issue? You want to always have a pool? Nope. Sorry.

What the hell????????????

BenA2 (Texas)
Posts: 1,273

Posted:

I would insist that they show you where in the Covenants, Conditions, and Restrictions (CC&Rs) it says you cannot have the pool. They should be able to give you a specific reason, that is in the CC&Rs, for the denial. Aesthetics could be valid if the CC&Rs give them that authority.

MarshallT (New York)
Posts: 414

Posted:

Unfortunately you may not be able to have the pool after this season. If other neighbors have pools similar to yours, ask the board why they were permitted to keep their pools. You could also ask if there is anything you could do so that you can have the pool back up in the future.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By MarshallT on 06/26/2020 11:37 AM
Unfortunately you may not be able to have the pool after this season. If other neighbors have pools similar to yours, ask the board why they were permitted to keep their pools. You could also ask if there is anything you could do so that you can have the pool back up in the future.

So Marshall, where in the CCRs would the board look in order to deny or it because the arbitrarily decide they don't like pools or they are one of the unfortunate ones that can't afford one????

JohnC46 (South Carolina)
Posts: 14,265

Posted:

Quote:

I agree. Above ground pools are tacky.

MarkW18
Posts: 1,290

Posted:

Quote:

Posted By MaribelN on 06/22/2020 1:46 PM
In the covenants the only mention of a pool is that is needs to be approved by the board. We submitted a permit and were allowed to have it just this season because of Covid and must take it down before labor day.

When I asked the reasons for this ruling they said aesthetics, safety issues(we have a locked fence and a safety locked ladder), drainage issues and value of the homes. I’m redacting an email back what should I say.

Is the pool you want to install, inground or above ground?

JohnC46 (South Carolina)
Posts: 14,265

Posted:

I am guessing the OP installed an above ground pool without asking HOA Permission. I am also guessing their Covenants say no above ground pools. If I am correct, the BOD is being generous it letting it stay until October then it must come down and not re-installed

CathyA3 (Ohio)
Posts: 6,299

Posted:

Quote:

Posted By JohnC46 on 06/26/2020 2:23 PM
I am guessing the OP installed an above ground pool without asking HOA Permission. I am also guessing their Covenants say no above ground pools. If I am correct, the BOD is being generous it letting it stay until October then it must come down and not re-installed

That's my take on it.

GeorgeS21 (Florida)
Posts: 3,808

Posted:

Yep - likely what happened.

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