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.
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I guess we'll see what the OP turns up as far as ownership of the fence is concerned.