Hoa issue!

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Texgirl

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Sep 26, 2012
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My easement on left side is 3 ft. Rt side is 5. Pool going on left side and theybarevsaying we must be 5 feet from property line.

Anyone heard of this? I am mad as I want it as far over as possible to save yard. I know 2 feet is not that big of a deal but why are they making different rules?

Thanks kim
 
In my town in NY, the pool edge to be atleast 9 feet away from the property line... We were hoping to move it closer to save more yard space also, but....
 
Your city/town has rules, and your HOA may supplement them. You should have a copy of the HOA bylaws, and the requirements from the city should be easy to find...your pool builder should know them. An HOA board/committee does not have the power to arbitrarily tell you where to put your pool, but you are required to follow whatever's in the bylaws. Read them carefully....sorry, I konw they're boring!
 
Thanks for the responses... apparently they say 5 ft is in governing laws of neighborbood blah blah. I don't have time to deal as I am ready to dig, so we will just move it the 2 feet and maybe shave off some decking!!

I am just glad to hear that I probably don't have a leg to stand on so I don't waste my time fighting with them!!

Thanks again, KIM
 
Unfortunately, you have to make the city/county happy and the HOA happy. The HOA can not override the city/county zoning rules to be more leniant, but they can be more strict ... as it seems in this case.

Actually I am surprised that the city/county? has an easement of 3' on one side and 5' on the other ... that just seems odd to me and having 5' on both sides makes more sense in my mind.

It is reasons like this that we moved to get out of an HOA a few years ago ...
 
Just to supplement the discussion.

Texgirl lives in the same County as I do.

There is no County or City zoning. The HOA is it as far as rules go.

Would flipping the pool to the other side of the yard be a problem? Don't say NO until you paint an outline in the yard where you want the pool to go.

I was sure of my pool placement until a builder drew one rotated 90º
 
jblizzle said:
It is reasons like this that we moved to get out of an HOA a few years ago ...
Click to expand...
This is exactly why one of our non-negotiable stipulations was we would only consider houses in neighborhoods with non-mandatory HOAs or none at all when we were looking at houses a few years ago. The brokerage that we worked with stated that they were getting this request with increasing frequency. Ironic that, in theory, HOAs were initially formed to preserve property values but several of them have become so overzealous that the exact opposite seems to be occurring.
 
Thanks for all replies... yes very frustrating indeed! But, I will live with it.. its only 2 feet and we may just shave some of the deck off to leave more yard etc... we will see how it looks.

As far as moving to other side, thought about it but the swing set is already there and we planned our sprinkler system for the pool going where it is!

Plus, it would turn out the same anyway since easement on that side is 5 ft anyway... so it will be ok. It is frustrating.

KIM
 

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BoDarville said:
jblizzle said:
It is reasons like this that we moved to get out of an HOA a few years ago ...
Click to expand...
Ironic that, in theory, HOAs were initially formed to preserve property values but several of them have become so overzealous that the exact opposite seems to be occurring.
Click to expand...

Yes, ironic for sure.

In New Jersey our township forced us to form an HOA so the town could walk away from liability and maintenance of a pond and detention basin. That HOA was basically just a sneaky tax and the officers never took any steps to restrict the use of the property. When we looked at undeveloped land in North Carolina they said that the HOA were formed to protect the investment of the first people to build and would not allow, for instance, placing a double-wide on one of the lots. We settled in Florida instead and here the HOA fees were really very high, worse they control things like paint color and landscape choices, AND - the deal breaker for us was they often prevented storage of RV's on your property. We were very happy to find a place without a mandatory HOA. Our HOA is $25/year, voluntary, and for that we get 2 "free" picnics.
 
Most times when people form up collective governing bodies they inevitably lead to oppression and control, it's a flaw in mankind. Dissemination of power by those whom possess it is rare.
This is what makes the founding of America so unique, the tenets that are espoused in it's founding are unique, freedom and dissemination of power embodied (meaningfullly) in America's founding documents.....that dosn't exist anywhere else in the world. Sure, nations like mine sort of try to emulate that spirit but it's not the same nor do the governing body and populace hold it in much regard.

It's troubling that more and more pressure is being brought to undo what brilliant individuals fought to create centuries ago, a generation of current leaders that believes themselves superior in so many ways but intellectually don't even come close to those founders.
 
Texgirl said:
Thanks for the responses... apparently they say 5 ft is in governing laws of neighborbood blah blah. I don't have time to deal as I am ready to dig, so we will just move it the 2 feet and maybe shave off some decking!!
Click to expand...

But does the DECKING need to be 5ft. away from the property line, or just the edge of the pool itself? Here, it's the edge of the pool, and other responses have indicated that is the case in their areas as well. Something to look into.

--Michael
 
I looked up the architectual rules for my section and it says no where 5 ft anything! So, I emailed it to the lady and am hoping we can get it changed.... but if we don't, I won't die.

It is the decking too I believe but I will also check into that as well.

I will keep you posted on what I hear! Thanks again for all responses. KIM
 
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