A property in bad shape transferrring title - can POA act against new owner

18 months ago, a house burned down. Six months later, the current owner cleared the bulk of debris, but left other junk, including a recently installed swimming pool that lacks proper fencing as required by the POA. 18 months later the lot is still in that condition. The lot has been listed for sale for over six months. I assume it will go into foreclosure at any time.

If sold in foreclosure, and with it being a junk lot that would likely cost a material amount of money to prepare for building a home, it could sit in that condition longer under new ownership.

What I am wondering: If the POA has not required the current owner to clean and remove the remaining debris, and has not required him to fence the pool as required in the restrictions, could it enforce those restrictions on new owners. That seems unequitable to ignore the lot's condition for the current owner but then try to enforce those restrictions on future owners that bought the lot in that 18+ months condition. Anyone know? In case it makes a difference, this is in Texas.

roger

My initial blush is file lien and send violation notices. Get things on the record.

I have seen fire damage repairs and rebuilds take 1-3 years, it drags out. In the meantime whoever is the listed titled owner, start the fining process.
if the property changes hands 50 times before it is rebuilt or just a vacant lot, fines must be satisfied and on the record.
Also it won't hurt to drop a dime about the pool to your local code enforcement, let them do all the dirty work, but be a persistent pest so they take action.

I agree. It is almost 4 acres, fairly wooded, with a creek near the pool. There is also a pool-size pond on the lot (that has had stray, young alligators about every other Spring after large rains.) As you wrote, it seems an ideal place for kids to play, and there are some young kids one lot over from it. I am also worried about wild animals dying in the pool - hurt and starving in a pool is a sad end.

I found this for Class C, and it is none of those things - it is a pool on private lot. https://texreg.sos.state.tx.us/public/readtac$ext.TacPage?sl=T&app=9&p_dir=F&p_rloc=114077&p_tloc=14926&p_ploc=1&pg=4&p_tac=&ti=25&pt=1&ch=265&rl=184#:~:text=(C)%20Class%20C%20pool%2D%2D,private%20organizations%2C%20or%20clubs%3B%20or

(C) Class C pool--Any pool operated for and in conjunction with:
(i) lodging such as hotels, motels, apartments, condominiums, or mobile home parks;
(ii) property owner associations, private organizations, or clubs; or

Is it in your rules that one is allowed pools? If so, does it state the kind, fencing, or other pool conditions? Plus it's going to be hard to enforce a pool fence requirement if one doesn't exist in your area. The property is owned by someone and not the HOA. If something happens, then the lot owner is responsible. Doesn't mean someone won't try to sue the HOA or make a claim. It means may not stick to the HOA. I would check with your HOA insurance. Maybe in "Theory" type questions not that one exists...

It is a POA deed restriction that a pool must have fencing. The required fencing is explained in detail (size, latching, material parameters etc.) in the POA restrictions. The Board has supposedly filed a violations, where it has or has not is assured as this Board does lie, but it has stated to me it is pursing it. All along, my argument is the Board should install the fencing and charge the owner. Now, it looks like the property could go into foreclosure at any time, and is listed on the market anyway. My concern is that if the Board really is not pursing it on the current owner as the Board claims, that violation cannot be enforced on the any ew owner, hence my original post here asking.

Is the pool drained or filled? If it is filled, not only would it pose a drowning hazard, it will be a breeding ground for mosquitos.

In the meantime, make sure you have your liens against the property filed and up to date. Let the bank or the tax department do
the dirty work for you.

And if the property does go into foreclosure, those liens and violation notices will really come in handy, NOT.

In California, the HOA will lose. This is NOT a Florida property.