Swimming pool fencing

Started by EllenI2 • 11 replies • 505 views

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EllenI2 (Michigan)
Posts: 3

Posted:

We installed an inground pool 3 years ago. We also have an automatic cover for the pool. Before installing the cover, we went through our HOA guidelines and saw no verbiage about automatic covers and fencing requirements. We consulted our township office for their regulations and received a copy. Our township does not require fencing for pools with an automatic cover. This winter, we received notice from our HOA that we are in violation of the pool fencing requirements . I forwarded what was sent to me by the township and the HOA board responded with, “this is an example of where we differ with township
Regulations”. My argument is that there is no verbiage in our by laws regarding automatic pool covers, so I went to the next governing official. Would like to know if this can be enforced by the HOA . We would not have gotten an automatic cover had we known we would still be forced to install a fence 3 years later! Thanks for any input!

BenA2 (Texas)
Posts: 1,273

Posted:

It's not clear what documents you are referring to. If your Covenants, conditions, and restrictions (CC&Rs) do not state that you need a fence, then normally the HOA cannot enforce it. There could be exceptions though. For example, some CC&Rs have "catch-all" phrases that it might fall under. Every state is different but most have statute of limitations. So, if they knew you had the pool and did not bring up the fence until three years later, it may not be enforceable. You should consult with an attorney.

MaxB4
Posts: 3,513

Posted:

If you had gone through the ARC process at the beginning, this should have been disclosed to you back then.

EllenI2 (Michigan)
Posts: 3

Posted:

We were actually one of the original residents of the subdivision and there was not an HOA when we built.

EllenI2 (Michigan)
Posts: 3

Posted:

Yes .. there is no mention of automatic pool covers anywhere in the covenants. That is what prompted me to contact our township, after unsuccessful attempts at trying to reach an HOA board member. I have considered contacting an attorney but wanted to make sure it was worth it, so thank you for that suggestion.

MaxB4
Posts: 3,513

Posted:

I would ask the HOA to send you the guidelines that their decision was based on. I hate HOA's that just start making stuff up as they go without any facts to support them.

AugustinD
Posts: 3,698

Posted:

Quote:

Posted By EllenI2 on 07/28/2021 9:06 AM
We installed an inground pool 3 years ago. We also have an automatic cover for the pool. Before installing the cover, we went through our HOA guidelines and saw no verbiage about automatic covers and fencing requirements. We consulted our township office for their regulations and received a copy. Our township does not require fencing for pools with an automatic cover. This winter, we received notice from our HOA that we are in violation of the pool fencing requirements . I forwarded what was sent to me by the township and the HOA board responded with, “this is an example of where we differ with township
Regulations”. My argument is that there is no verbiage in our by laws regarding automatic pool covers, so I went to the next governing official. Would like to know if this can be enforced by the HOA . We would not have gotten an automatic cover had we known we would still be forced to install a fence 3 years later! Thanks for any input!

-- First, HOA covenants may lawfully be more restrictive than municipal ordinances.

-- Second, please quote verbatim what the covenant says about pool fences.

KerryL1 (California)
Posts: 14,550

Posted:

I agree with Augustin. What DO your docs say about fences?

MaxB4
Posts: 3,513

Posted:

I think the OP answered right at the beginning:

"Before installing the cover, we went through our HOA guidelines and saw no verbiage about automatic covers and fencing requirements."

MichaelS56 (Minnesota)
Posts: 858

Posted:

Please also check with your insurance company about what they say about a fence or pool cover being enough. Your pool is an attractive nuisance and a fence may need to be installed as part of your insurance converage.

LetA (Nevada)
Posts: 2,679

Posted:

Please send in writhing certified USPS to your HOA. Start a paper trial. In the letter ask them to cite specific covenants pertaining to your automatic pool cover and fencing requirements.

There is ia BIG difference between perimeter fencing, which HOA' quite regularly can regulate. Pool fencing, since it is in your backyard and not likely to be seen by passers-by at the street lever, the HOA should stay out of backyards.

DavidG45 (Delaware)
Posts: 994

Posted:

Quote:

Posted By MaxB4 on 07/28/2021 9:40 AM
I would ask the HOA to send you the guidelines that their decision was based on. I hate HOA's that just start making stuff up as they go without any facts to support them.

This right here.

I have tried to persuade our ARC and our Property Manager than whenever they tell a resident what can and cannot be done, they provide the exact verbiage from our Declarations that support what they are saying. We continue to have too many supposed "rules" quoted by our PM and committee members that are not supported by our documents.

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