HOA denied pool build... advice?

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reillysmommy

reillysmommy

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May 25, 2013
57
Hi. We want to build a pool in our side yard (no room in the back).
Our HOA denied our pool build, stating : "Pool and/or decking cannot encroach the side 20 ft. Building line."
We already have a 14 ft. easement that is cutting through our lot, which the PB worked around to make a free form pool fit within the easement lines.

I understand our HOA's purpose of the restrictions for building an extension to the house in the build line, but it seems feasible to me that a pool would not detract from our community's uniformity- our house backs up to a lake and several houses along our lake already have pools. There is a ditch/water retention wall on the west side of our property.

Before I appeal their decision - could you please look at my survey and give me some advice/terminology to help me build my case?

Here is my survey: http://farm8.staticflickr.com/7436/9236356213_fe2e37e09a_c.jpg You will have to zoom in.

Thank you for your time!
Kathy
 
I am curious about what appears to be easements along the side, marked 20' B.L. and continuing marked 7'6" x 16' A.E. Also the one marked 14' U.E.

If those are easements, that may be why the HOA denied you the ability to put in our pool.

However, I do see on google maps/earth how many of your neighbors do have pools nestled very close to their houses. You might be able to use that as part of your appeal.

Suggestion: take a screen shot of several of your neighbors from google earth, specifically those along China Green Ln and China Blue Ln. Many of those have lots smaller than yours, yet were allowed to put in pools. If Winter Violet Ct is included in your HOA's area, I see several houses that may as well be one long building from the appearance of their rooflines.

Good luck with this!
 
AMI can be a pain. Hello fellow Fairfield resident. I seem to recall a couple of pools located in side yards in the neighborhood. I think there is one on the opposite side of the lake from you. Use google maps to look around to find them. Go through the appeal process and show that there is no other reasonable option for your lot.

We fought and won a much smaller case after we received a letter stating that we must put our portable basketball goal away each night after we finished using it. This was in the early 90's when the goals first became popular. We informed them that it was a safety concern with moving the goal that frequently. Never heard from them again on the subject. We did receive another letter stating that the net was frayed and must be replaced.

Who is building your pool? If it's one of the larger companies in the area then it might help if they speak to AMI directly. Our designer hand delivered our request to AMI himself and we received our approval very quickly.

Good luck and I hope to see you on the forums in the future with a brand new pool!
 
Seems like everyone has a pool in that neighborhood, and some with less space than your backyard (except for all those easements). I can't tell from your illustration how many feet you have between house and easements.

I'd argue you are making an investement in the neighborhoods houseing values by building the pool. And might mention that you can invest in the neighborhood or invest in a lawsuit. The problem with that is the type of people generally serving/running the HOA. They are overly controlling types who can't get their fix at school or home so they become the negiborhood bully. It's easiest just to bow down to their wishes and take it. Kill them with kindness.

Do you know specifically which members are making this decision about YOUR land and YOUR house and YOUR pool? Do you know where they live? Look at their property and see if they have a pool.

For that matter, why not go get a copy of the plat for every house in the neighborhood with a pool. Look at everyone's easements, and see if you can show where it's already occuring/permitted.

Are those walking paths, or bike baths? Might want to take a walk and see how many pictures of peoples pools you can get that are visiible from those public places (paths).



Edit: What is this? A landing pad? 21500 Amber Grain Ln
Cypress, TX 77433

Tell em' you'll just pave the whole backyard and buy a small helicpoter....
 
The landing pad is the driveway. A very large driveway. That house is a little gaudy in my opinion. It's very nice but not my taste. It's got huge dolphin statues around the pool and lions by the front of the house.

The house I was thinking about across the lake from you doesn't in fact have a pool in the side yard. It looks like it from the path around the lake but from overhead it's within the boundry of the house. I am still sure I have seen pools in the side yard but maybe not on one around any of the lakes with the iron fences.

Besides google maps you might try HAR (Houston Area Realtors) map search too. Sometimes they have a better angle of a particular area.

I found one. Directly south of the Athletic Center there is a pool in the side yard on Township Glen. I've actually been in that pool for a baseball team pool party. I think the pool was built in the late 1990's.

Another one on Twisting Springs southwest of the above. Concentrate on cul de sacs, they're the ones with side yards.
 
Charlie_R said:
Suggestion: take a screen shot of several of your neighbors from google earth, specifically those along China Green Ln and China Blue Ln. Many of those have lots smaller than yours, yet were allowed to put in pools. If Winter Violet Ct is included in your HOA's area, I see several houses that may as well be one long building from the appearance of their rooflines.
Click to expand...

Charlie_R - Thank you! That is great advice. I never would have thought to do that!
 
Bluechip said:
AMI can be a pain. Hello fellow Fairfield resident. I seem to recall a couple of pools located in side yards in the neighborhood. I think there is one on the opposite side of the lake from you. Use google maps to look around to find them. Go through the appeal process and show that there is no other reasonable option for your lot.

We fought and won a much smaller case after we received a letter stating that we must put our portable basketball goal away each night after we finished using it. This was in the early 90's when the goals first became popular. We informed them that it was a safety concern with moving the goal that frequently. Never heard from them again on the subject. We did receive another letter stating that the net was frayed and must be replaced.

Who is building your pool? If it's one of the larger companies in the area then it might help if they speak to AMI directly. Our designer hand delivered our request to AMI himself and we received our approval very quickly.

Good luck and I hope to see you on the forums in the future with a brand new pool!
Click to expand...


Hi neighbor! Thank you so much for your advice! AMI has recently changed to First Service Residential. I wonder if that is part of the problem? New people in charge...?

Our PB is Richard's Total Backyard Solutions. They have done many pools in the Cypress area. The PB offered to go with me to appeal the decision. I am going to call and make an appointment this morning. I want to look at google maps- thank you for the great ideas!
 
Can you see if the utility company will release some of the easements? If the utilities are already underground, they may no longer need the back easements which were common with overhead lines.
 
reillysmommy said:
AMI has recently changed to First Service Residential. I wonder if that is part of the problem? New people in charge...?
Click to expand...


That must be very recent. I think we just received a letter from AMI within the last week. Maybe that's what the letter was about. Who reads those things anymore anyway. :)

Your situation seems pretty unique. With the over abundance of right of way zones through your yard it looks like you might have a case for an exemption if they ever do grant them. Without it you can only have a narrow lap pool that you can jump in to from your back door. It's not like you could hurt the view from that corner of the lake. That cement watershed area is not the most attractive piece of property around that lake. At least your open fencing doesn't face it.
 

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As a member of the board of our local HOA, the only advice is to be as nice as possible, when people come in with an attitude...it does not help. Sure this is obvious, but just wanted to mention it.

Also, try to find GRAY AREAS in the HOA rules, this can help your case.
 
toofast said:
As a member of the board of our local HOA, the only advice is to be as nice as possible, when people come in with an attitude...it does not help. Sure this is obvious, but just wanted to mention it.

Also, try to find GRAY AREAS in the HOA rules, this can help your case.
Click to expand...

Thank you, toofast. I'm a very calm, understanding person, so hopefully I won't ruffle anyone's feathers. :) I appreciate your input. If it's not meant to be, then it's not meant to be. Maybe God is telling me something. :)
 
As a side note, often setbacks and boundary limitations are beyond what the HOA can control. HOA's are supposed to Manage these, but the county/city/local area OFTEN set these rules and the HOA has to follow no matter what.

In our would we can't have pools or any other structure within 20 FT of the neighbor property line as well...in OUR CASE, that is a COUNTY thing, but we need to enforce. So in your case, even though you THINK the HOA is in charge, it is quite often someone else.
 
I feel for you :( I absolutely despise HOA's and specifically shopped a long time before finding a house without one.

I figure if I am dropping that much money on a home/land then it will be mine.

We found out we have a small HOA (collects no money lol) but they don't do anything here. We have no regulations, newsletters or any information regarding it. They would not like to knock on my door ;)

I wish you all the luck in the world and I will be rooting for you :)


Sent from my iPhone using Tapatalk
 
If anything like my area, I agree with many other recommendations. When you apply for appeal or variance, bring lots of examples and details of other near by homes. Then bring along detail drawings of what you are proposing (yours or builders, but easy to follow). Focus discussion on community uniformity and that your request is not having anything done that isn't in your immediate neighborhood. Again, be very nice, friendly through full process. It goes along way, especially since many board members are volunteers and work a full time job all day, to then go to a meeting such as this at night. I speak from experience as I am on the zoning board in my area and the last thing I need is someone getting angry for no reason.

Good luck!
 
Bluechip said:
reillysmommy said:
AMI has recently changed to First Service Residential. I wonder if that is part of the problem? New people in charge...?
Click to expand...


That must be very recent. I think we just received a letter from AMI within the last week. Maybe that's what the letter was about. Who reads those things anymore anyway. :)

Your situation seems pretty unique. With the over abundance of right of way zones through your yard it looks like you might have a case for an exemption if they ever do grant them. Without it you can only have a narrow lap pool that you can jump in to from your back door. It's not like you could hurt the view from that corner of the lake. That cement watershed area is not the most attractive piece of property around that lake. At least your open fencing doesn't face it.
Click to expand...


Bluechip-- Yes, They just changed to First Service Residential on June 27th. However, it still has AMI listed on everything. The only reason I know is because the letter denying our pool request was on FSR letterhead. :?

I agree- that watershed area is awful-- Our pool could never be called an "eye-sore" next to that. LOL :shock:
 

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