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JeffM25 (Texas)
Posts: 2
Posted:
Our neighbor hood has a public pool and my house is next door. The fence separating my property from the pool is in poor shape. In Texas, pools are required to have a fence surrounding it.
Is it the HOA's responsibility to repair the fence?
SheliaH (Indiana)
Posts: 6,964
Posted:
What makes you think this would be the HOA's responsibility? I would think it's the neighbor's responsibility because the fence is there to surround the pool. Have you discussed this with your neighbor? If he ignored you or told you to naff off, what agency is responsible for enforcing that requirement - and why haven't you contacted it with your complaint?

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
LisaB21 (Texas)
Posts: 97
Posted:
I think she said it is a neighborhood pool, not a neighbors pool.If it is a neighborhood pool the responsibility for the fence should belog to the HOA
MelissaP1 (Alabama)
Posts: 13,836
Posted:
A HOA only approves fences and orders them to be fixed. Unless they own the fence and installed it, it whomever owns it responsibility.

Former HOA President
PatJ1 (North Carolina)
Posts: 568
Posted:
In North Carolina, the community pool is required to be fenced in. Therefore, it's an HOA expense. Your stating that the community pool is already fenced in, that may be a requirement where you are located.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By JeffM25 on 05/06/2022 5:25 AM
Our neighbor hood has a public pool and my house is next door. The fence separating my property from the pool is in poor shape. In Texas, pools are required to have a fence surrounding it.
Is it the HOA's responsibility to repair the fence?
In Texas, yes, it would be the HOA's responsibility to repair the fence, to the extent the fence is no longer able to keep people out of the pool area. On the other hand, if the fence still can keep people out of the pool area, but theh fence merely looks shabby, then I think this is a matter of cosmetics, and I do not think you will get anywhere with the HOA.
BarbaraT1 (Texas)
Posts: 821
Posted:
The OP wrote neighbor hood instead of neighborhood and I think that has confused people into thinking he is talking about a neighboring private residence and not the community pool.

Jeff - is the fence that separates your lot from the pool also the fence that surrounds the pool or is it a separate fence for screening?

Could you jump over this fence and be directly in the pool?

BenA2 (Texas)
Posts: 1,273
Posted:
I think the pool is a secondary issue. If you own the fence or the governing documents make the fence your responsibility, then it is your responsibility. For example, if the developer put in the fence and the CC&Rs state that maintenance of fences between residences and common areas are the responsibility of the homeowner, then it is yours.

Legally, the HOA has to make sure there is a fence around the pool. Nothing in the law says they have to own it or maintain it. Although, I think it is the HOAs best interest to have their own separate fence, but that might not be practical, depending on the circumstances.
JeffM25 (Texas)
Posts: 2
Posted:
Yes
BarbaraT1 (Texas)
Posts: 821
Posted:
Quote:
Posted By JeffM25 on 05/06/2022 7:44 AM
Yes

Yes to what? Help us help you.
AugustinD
Posts: 3,698
Posted:
Quote:
Posted By BenA2 on 05/06/2022 7:30 AM
Legally, the HOA has to make sure there is a fence around the pool. Nothing in the law says they have to own it or maintain it.


From Texas Health and Safety Code, Chapter 57:
Sec. 757.003. ENCLOSURE FOR POOL YARD. (a) Except as otherwise provided by Section 757.005, the owner of a multiunit rental complex with a pool or a property owners association that owns, controls, or maintains a pool shall completely enclose the pool yard with a pool yard enclosure.

Suppose a kid breaks through an improperly maintained fence and drowns. The child is now on life support, with significant brain damage. The family sues the HOA.
---Court Scenario---
Plaintiff's attorney, in a motion for summary judgment hearing:
Your Honor, Section 757.003 says the Property Owners' Association "shall completely enclose" the pool yard. What part of this is not clear to the defendant property owners' association

HOA Attorney:
That's right, your honor, it does, and the twenty year old covenants are clear that the POA requires all owners to maintain fences on the property lines. This is how the POA is "completely enclosing" the swimming pool.

Plaintiff's Attorney:
And look at how this worked out. Your Honor, I maintain the covenants conflict with the statute. Texas case law is clear that, in such a conflict, the statute prevails.
--------

I guess we'll see what the OP turns up as far as ownership of the fence is concerned.
ThadC2 (Florida)
Posts: 820
Posted:
Quote:
Posted By BarbaraT1 on 05/06/2022 7:45 AM
Posted By JeffM25 on 05/06/2022 7:44 AM
Yes


Yes to what? Help us help you.

Yes I'm a troll is I think what he meant.
KellyM3 (North Carolina)
Posts: 2,239
Posted:
Quote:
Posted By AugustinD on 05/06/2022 6:51 AM
Posted By JeffM25 on 05/06/2022 5:25 AM
Our neighbor hood has a public pool and my house is next door. The fence separating my property from the pool is in poor shape. In Texas, pools are required to have a fence surrounding it.
Is it the HOA's responsibility to repair the fence?
In Texas, yes, it would be the HOA's responsibility to repair the fence, to the extent the fence is no longer able to keep people out of the pool area. On the other hand, if the fence still can keep people out of the pool area, but theh fence merely looks shabby, then I think this is a matter of cosmetics, and I do not think you will get anywhere with the HOA.

The property line fence may be separate from the legally required fence that restricts pool access. Inspectors would approve/deny pool openings based on the safety fence but have no concern for a property line fence. That said, if the fence belongs to the HOA, it should maintain repairs.

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