With the summer months approaching, your association may receive a request for approval from an owner wanting to install a pool on his or her property. For most associations, whether approval is granted will depend on whether the pool will be an in-ground pool or an above-ground pool. The governing documents for most homeowners associations allow for the installation of in-ground pools while banning above-ground pools. The distinction between in-ground pools and above-ground pools is based on safety, uniformity and aesthetic view within the association. In-ground pools are typically allowed because they have more safety and welfare precautions based on municipal ordinances requiring a certain fence height to be installed. Above-ground pools, on the other hand, do not have such strict safety requirements. Additionally, above-ground pools have limited lifespans and as such, are less likely to be maintained.
Although the distinction between in-ground pools and above-ground pools seems to be clear, there has been a recent trend in the installation of semi-inground pools. Semi-inground pools have most of the characteristics of an above-ground pool, but the pool is installed half above-ground and half in-ground. When it comes to approving a semi-inground pool, your association should keep in mind that semi-inground pools are still partly above ground. They should be considered above-ground pools. Additionally, when such a pool requires maintenance it is likely to be left in disrepair rather than being repaired.
Please contact your Tressler attorney if you have any questions or concerns about the installation of pools within your association.