Hot tub request denied

I would ask for clarification from whichever group made the decision (although usually it's ultimately up to the board). Is there a ban on all hot tubs in the community? Was there something about your particular hot tub that is a problem and that could be corrected?

I'm a bit stumped. The only cases I know of in which hot tubs in general were banned were in condo communities (mostly issues with common area, water usage, and no way to screen the things) - but none of these seem to apply in your case.

Ultimately it is a board decision. They can over ride the ARC.

Your bylaws may not specifically mention hot tubs, but may have language stating the board has the power to enact additional rules as long as they don't override the CCRs. For example, the bylaws may state exterior changes require prior approval from the board of directors. The board of directors may establish specific rules such as a committee will review the initial request and make recommendations to approve or disapprove by the board. There may also be design standards related to things like color,type of material, etc., depending on what the homeowner wants to put in.

As for committees, the board is usually the final authority, and advisory committees work at their pleasure, meaning the people on it can be appointed or removed and the decisions made by the committee don't have to be accepted by the board. As you've seen, some boards may handle the exterior change requests themselves, sometimes because there is no committee or perhaps the committee has been inconsistent in its recommendations.

Keep reading your documents to see exactly what they say regarding exterior changes. If the board has final authority and they said no, you're probably out of luck. This is why homeowners should wait until AFTER they have written approval to make a change - if the board then tries to renege, you may have a better chance of winning your appeal. Hopefully, you can get your money back from the hot tub retailer and if not, perhaps there's something else they sell that you can apply the purchase price to. Just be sure to ask for permission if that other thing may also require board approval.

I'm trying to upload a picture of what it says in our bylaws but i keep getting an error. So i've typed it out section (h) I was sent as the reason for my denial.

Temporary Structures, Outbuildings, Athletic Equipment and Gas Containers

No temporary or permanent structures shall be erected on any lot without the prior approval of the Architectural Control Committee. Without limiting the generality of the foregoing, prohibited installation include: storage sheds, tents, shacks, trailer recreational vehicles, athletic equipment (such as basketball goals, baseball, or tennis pitching machines, nets or batting cages), dog houses, children’s toys, children’s play sets (such as swing sets), pools, and hot tubs. No vehicle or structure on any lot other than the house constructed by developer shall be used as a residence at any time, either temporarily or permanently. With the exception of household barbecue grills containing propane tanks, no gas tanks, gas container or gas cylinder shall be permitted to be placed on or about the outside of any residential structures built on the property or any ancillary buildings and except for household barbeque grills containing propane tanks, all gas tanks, containers and gas cylinders shall be installed underground in every instance where gas is used

Compare this excerpt from JayN2's HOA's governing documents:


to JayN2's version:

As far as I am concerned, and barring further information, the Board may very well be within its legal rights to reject the hot tub. While you might be able to argue ambiguity in the above clauses, and something called the right to free enjoyment of one's land when there is ambiguity, in my experience, to fight this will require that you hire an attorney. Even with an attorney, a positive outcome is not guaranteed.

Wouldn't it be considered bias if they approved the pool? At first they claimed the hot tub was considered an above ground pool but once i pointed out the by laws doesn't even state above ground pools then it shifted to I need approval and no real reason why they denied. Just it wasn't permitted.

At the last ARB meeting. Someone on the board who voted to approve the hot tub mentioned that it was in the back yard and can't be seen it from the street. Thats when the comment was made that " I can see it from my back window" because the house in question with the hot tub back yard is in back of the hoa presidents house which is on a elevated hill. I was there and heard it

Hi, Jay! How did you solve it if you did? We faced with the same situation a few days ago, but after purchasing this hot tub - https://houseandbeyond.org/best-2-person-hot-tub/#product1 wasting so much money for nothing in fact...