Should I move my pool equipment for the HOA?

[Chance]

Hello, I recently had a pool constructed and the pool builder advised putting the pool equipment next to the pool in the back corner of the lot. My HOA is now all over me about the location of the equipment and will not approve the pool until the equipment is moved to the side of the house. In all my research I neglected the HOA and underestimated the vast powers and authorities that they have. This situation could have been avoided by getting everything approved prior to construction. Now I am afraid that it has become a very costly mistake.

My pool builder insists that there is not sufficient room to install the equipment on the side of the house. The HOA says they have other lots the same size and layout with the pool equipment on the side of the house. He says I should appeal the HOA's decision and tell them to get over it as the pool equipment is already there. I don't think I have a leg to stand on with them. The HOA is still ran by the developers of our neighborhood and has no positions held by residents.

Is it reasonable to move the equipment? Could it be accomplished by a do-it-yourselfer? I have visited a website of one guy who redid some of his plumbing, but I need to redo the whole thing. What would it cost to do it professionally? My pool builder does not even want to quote a price to move it.

I have a simple rectangle lot 50' wide with about a 30' back yard. On the side yard there is exactly 5' between the house and fence. I need to move the equipment roughly 45' to the side of the house to comply with the HOA. I have a DE filter, blower, booster pump, and gas heater in addition to the standard pool equipment.

Would you move it? Or would you fight the HOA?

Thanks for any input,

Chance

[CarlD]

Not enough info on the physical limits. But this is CLASSIC: H/O goofs and forgets to consult HOA. Builder builds whatever. HOA objects, builder insists there's no other. H/O must appeal to HOA. HOA can accept or reject. If they accept, they cannot reject anybody else doing it. If they reject and H/O sues, it can get VERY expensive for HOA, they assess fee on everyone to pay, etc. etc. etc.

But usually, in my experience, builders don't want to fix or change anything so they try to pass it off on you.

You also have a building code that may have strict placement restrictions on the equipment re: the house. If obeying the HOA violates them, you have good grounds for a variance. I suggest you seek a compromise--you move some stuff, and don't move other stuff.

[Chance]

Thanks for the quick reply. You suggest move some stuff, leave some stuff. What specifically could be moved in regards to the pool equipment?

Also they claim it needs to be next to the house for noise concerns. To me and my neighbor it would be much louder next to the house as we are 10' apart. I have no rear neighbor, just an open field that is a wet land that can never be built on.

[KurtV]

Thanks for the quick reply. You suggest move some stuff, leave some stuff. What specifically could be moved in regards to the pool equipment?
It probably won't cost you any less or be any less hassle to move everything than it would to move just the noise producing gear.
Also they claim it needs to be next to the house for noise concerns. To me and my neighbor it would be much louder next to the house as we are 10' apart. I have no rear neighbor, just an open field that is a wet land that can never be built on.
Does your neighbor agree with you on that? That would seem to be pretty powerful stuff for your appeal to the HOA.

How about building some kind of sound dampening enclosure around the equipment pad? You could even go so far as to build a pool house to enclose the equipment in its current location.

This sounds very odd. It's hard to imagine why the HOA would want you to put the gear on the side of the house where it may be visible from the street and where it will certainly be more of a noise problem for your neighbor. Where HOAs weigh in on this at all, I'll bet that the vast majority would rather the equipment be in the backyard where the only people it's an eyesore (and earsore) for are the pool owners themselves.:confused:

[Simmons99]

It sounds like you have a situation similair to mine. I also have a zero-lot-line house (5ft between houses). I got HOA approval to put pool equipment on the side of the house (like EVERY other pool in the neighborhood). Then the pool company sees my survey and says "sorry that's an easment on the side of the house - no permenant structures - we cannot submit this for permitting - we are calling the city". Then come to find out - they state that I have to put it at the end of my lot - but the HOA won't allow it.

I call the city - the place that okay's permits doesn't look at whether equipment is on an easment - so they will permit it even though it violates local zoning codes (that's how the 25 other pools got away with it).

Anyway - you may have a zoning regulation stating you cannot place the equipment on the side of the house - the HOA cannot force you to violate zoning laws - call the city & the county that governs your area to confirm.

[pinkivory_99]

How about trying to compromise with the HOA by building a fence around the pool equipment. Install the fence just tall enough to hide the equipment. Our pool equipment is on the side of our house that faces the road, I had a brick layer install a brick fence around the equipmentand so it all blends into the house. Just a thought.
Jim G.

[imfignewton]

Go thru the neighbor hood and document anyone that has pool equipment that does not meet approval (there always is). Then use that leverage to compromise as stated above. The HOA is concerned with looks and noise. If they claim the pool equipment is to noisy then have them conduct a noise study (some communities do this). Make sure they include airconditioning units because a lot of them create more noise than pool equipment. Just some ideas for leverage.

[ttfn92]

What happens if you don't get approval from the HOA? Also, do you have a block wall around your yard? Almost all neighborhoods in AZ have them but I know many states that don't. Just wondering about your area because if you do, they would never even see the equipment. Do they actaully come and inspect it? We just sent a plan in and they o.k.ed it and won't ever actually see the finished project. Our equipment is on the side of our house that only has 5' between the house and fence and we still have room to walk past it. Good luck with finding a solution. I couldn't imagine having to move all that equipment with all of those pipes. That would have to be expensive.

[mkamp1515]

Bummer. Hope it all works out for you. HOA's are a double edged sword. Sure, they do a lot of good things to help maintain the neighborhood. But, we actually ridded our neighborhood of our HOA. They were too stringent and most people did not want it anyway. So, everyone decided we don't need you anymore and got rid of it. HOAs have way too much power. Just my 2 cents.

[Beachnut_PA]

How big is your neighborhood? Our HOA had fence restrictions and one of our neighbors went door to door and did a survey to see about allowing more fence choices (only vinyl and wood were acceptable prior to the survey). The survey was conducted, the results presented to the HOA and the restriction was changed to allow decorative aluminum also. Just a thought.

[CarlD]

After our first home-owning experience in a PUD (Planned Unit Development) we swore we would NEVER be part of a HOA again if we could help it!