We have a 10' x 16' deck with railing and a locked gate. We have one of those intex pools that hold about 20" of water on the deck, the HOA sent a letter telling us it was an above groud pool and had to be removed. Is this pool really considered above ground, we think it's a kiddy pool as the kids can not really swim in it, but just play. This seems to be the only rule they try to enforce, there are alot of other violations (fences, sheds etc.) that they do not inforce, but a pool on a deck is what they seem to be worried about. You can not even see the pool due to the railing. Please help. Thank you
In my work, I've seen HOA's take homeowners to court over the most petty things. And, since there are HOAs that have notoriously foreclosed homes over a few hundred dollars arrearage, I would say that it is well within the realm of possibility that you could be taken to court over a kiddie pool.
Advice on this forum is for informational purposes only and should never be mistaken as a substitute for legal advice. If you are in need of legal advice, you should consult local legal counsel.
Most intex pools are large enough to be considered "above ground" pools. If yours is a smaller pool and you keep limited amounts of water in it and your kids are very young, you may be able to ask for a hearing and show with photos that it is actually nothing more than a kiddie pool and ask for a variance. The Association may be concerned about the water being emptied from the pool onto neighboring property or whether when being drained or if the pool should burst. You may even want to ask the board to come see the pool in place before making their decision to prohibit it.
Not having read your covenants, I don't know what it says about pools generally or whether it specifies adult vs kiddie pools. You may want to ask which covenant provision or rule they are referring to if they haven't already provided it, find out what the main issue is (could it be water run-off/water damage - which is a reasonable concern). They may even be willing to allow a pool for the kids under certain circumstances - size/amount of water capacity, and you may have to go with that and sell your pool at a yard sale unless you are willing to hire an attorney and fight what you believe to be an unrealistic enforcement of teh covenants.
This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.
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