Spring homeowner battles HOA over pool safety fence

We had our pool put in a few years ago, ( California) in order to pass inspection we had to either: Have a fence around the pool, ( besides the 6 ft wooden fence bordering the yard ) OR alarms on every door that opened to the back yard ( 3 sliding doors & 2 regular doors) OR a pool motion alarm. ( we went with the alarm but soon took it out as it went off every time the dogs drank from the pool )

We also have to have spring hinges on any gate that allows entry into the yard.

That's just to pass inspection before filling the pool with water...

djl

radcen said:

I'm speaking generically here...

It would seem to me that the board should strive for equal treatment. If others having the same type of fence is allowed then wouldn't they set themselves up for another lawsuit if they treated one differently from the others?

Side question (not so generic): Do boards have the right of review and approval for new homes being built? If so, and a fence was included in the plans, then the homeowner could claim official approval. (If not, then never mind.)

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The equal treatment thing is a very big deal. I know the article mentions there are other properties with similar fencing, so that would be a good argument for the homeowner in question to raise. Without a really good explanation, it would seem to me the board would be hard pressed to carry through with the action they are trying to take.

Boards do have a right to approve plans for new homes and even remodels. That task flows to the ever popular Architectural Committee. If the Arc Committee approved, and the Board voted to accept the approval, the homeowner could make such a claim. However, if such a decision was in violation of the Arc Rules for the Association, other homeowners could sue the HOA Board, and I suppose, the Homeowner in violation.

HOA's, especially here in California, have to follow very strict laws. It could be possible such laws are not so extreme in other states.

ludin said:

7 other people have the same fence. there is nothing in the HOA laws with regards to pool fences however all pools installed have to comply with state law when they are installed.
A fence around the pool is required and that is usually in addition to a fence around the property. the HOA has no choice in the matter.

No they don't have skin in the game. They are usually very small people thinking they can lord over a fiefdom and terrorize their neighbors as they have no real power in life.
so they will be sued anyway and should be as 7 other people have the same fence installed around their pool.

trust me I won't ever live in an HOA. they are not worth my time hassle or anything else.

their rules wouldn't fly in florida.
they would be out of compliance for sure.
texas has way less restrictions.

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You are correct that HOA rules can't supersede State Laws. I can't imagine a State without some kind of code requiring a means of keeping children and others away from a pool. However, an HOA can have design rules for the type and look of fencing used to comply with State Law.

For example, someone can't put up a bright colored fence, if the HOA forbids such a thing, and claim state law protects them.

radcen said:

Thoughts?

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Just another reason when I buy my first house, that I will never live in a neighbor with a HOA.

ocean515 said:

You are correct that HOA rules can't supersede State Laws. I can't imagine a State without some kind of code requiring a means of keeping children and others away from a pool. However, an HOA can have design rules for the type and look of fencing used to comply with State Law.

For example, someone can't put up a bright colored fence, if the HOA forbids such a thing, and claim state law protects them.

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7 other people have the same fence. that makes it legal under the HOA.
the HOA has no choice they have to comply with state law.

the only way the pool can get signed off on final inspection is with the fence around it.
a fence around the property will not work which is what it sounds like the HOA is pushing for.

nor will an iron fence around the pool work as it doesn't meet the requirements.

their rules still have to comply with state law.

I am not sure if that neighborhood in in the city of Houston or not.
Houston has a pool fence rule, and that would supersede an HOA rule.

calamity said:

I hate deed restricted neighborhoods. Some people love them though.

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I lived in a suburban neighborhood with an HOA once. It won't happen again. I prefer to manage my own property.