TNRWAYNE Posted September 5, 2007 Report Share Posted September 5, 2007 just got the word my new deck pavers and screen is approved by homeowners association now the bad news not allowed above ground spas (unless built into a deck system with spa flush to top of deck or an inground pool/spa comb ) . now have to hire an attorney and try to get this ruling changed. tonight i walked the golf course and took 5 pictures of hot tubs on back yard patios in the community. just wondering how they got approval and i did not. anyway now i for have to put on hold my order on the sundance altamar . i could go with an in ground sundance optima and pay twice the price. any feedback pros and cons with an in ground version. Quote Link to comment Share on other sites More sharing options...
soakerman Posted September 5, 2007 Report Share Posted September 5, 2007 just got the word my new deck pavers and screen is approved by homeowners association now the bad news not allowed above ground spas (unless built into a deck system with spa flush to top of deck or an inground pool/spa comb ) . now have to hire an attorney and try to get this ruling changed. tonight i walked the golf course and took 5 pictures of hot tubs on back yard patios in the community. just wondering how they got approval and i did not. anyway now i for have to put on hold my order on the sundance altamar . i could go with an in ground sundance optima and pay twice the price. any feedback pros and cons with an in ground version. My home owners association gave me the same crap on my last spa. After running it by the familly lawyer, the association didn't have a legal leg to stand on since the spa is not a "permanent" spa but "portable" therefore not withing the associations right to govern. Hopefully this may be the same for you! I got a new spa a little over a year ago and didn't ask approval but just replaced it. Good luck! Quote Link to comment Share on other sites More sharing options...
spatech (the unreal one) Posted September 5, 2007 Report Share Posted September 5, 2007 just got the word my new deck pavers and screen is approved by homeowners association now the bad news not allowed above ground spas (unless built into a deck system with spa flush to top of deck or an inground pool/spa comb ) . now have to hire an attorney and try to get this ruling changed. tonight i walked the golf course and took 5 pictures of hot tubs on back yard patios in the community. just wondering how they got approval and i did not. anyway now i for have to put on hold my order on the sundance altamar . i could go with an in ground sundance optima and pay twice the price. any feedback pros and cons with an in ground version. The easiest thing for them to do is say "no" based on their hope that they can hold the rules over you and their real hope which is that you will simply comply with their gospel word. First of all make sure they they have solid ground and aren't working on a loose interpretation of the rules and then have them explain why they aren't being cosistent with the rules letting them know that your next step is a lawyer. I really wonder if you'll ever really need to get that lawyer if they have set a precedent already and know it. I still remember when my condo association sent me a letter stating our cat needed to be kept indoors or gotten rid of. I went to the meeting and told them to either send the same letter to every othe cat owner since there were many outside cats and enforce it across the board or stop wasting my time based on a single complaint from my neighbor. I never heard another word. Quote Link to comment Share on other sites More sharing options...
tony Posted September 5, 2007 Report Share Posted September 5, 2007 just got the word my new deck pavers and screen is approved by homeowners association now the bad news not allowed above ground spas (unless built into a deck system with spa flush to top of deck or an inground pool/spa comb ) . now have to hire an attorney and try to get this ruling changed. tonight i walked the golf course and took 5 pictures of hot tubs on back yard patios in the community. just wondering how they got approval and i did not. anyway now i for have to put on hold my order on the sundance altamar . i could go with an in ground sundance optima and pay twice the price. any feedback pros and cons with an in ground version. If you must go this route, I would build the Altima into the deck rather than go with the in ground Optima. It is more energy efficient and there are many ways to design your portable spa into the deck with access to the components. Quote Link to comment Share on other sites More sharing options...
Jim_The_Jim Posted September 5, 2007 Report Share Posted September 5, 2007 What real purpose is a HOA? Anybody who would set on that comittee has to be screwed up. I was in a community in Boulder like that, and NEVER AGAIN. It is hard enough with the building department and all their confusion. Quote Link to comment Share on other sites More sharing options...
Chris H Posted September 5, 2007 Report Share Posted September 5, 2007 I still remember when my condo association sent me a letter stating our cat needed to be kept indoors or gotten rid of. I went to the meeting and told them to either send the same letter to every othe cat owner since there were many outside cats and enforce it across the board or stop wasting my time based on a single complaint from my neighbor. I never heard another word. It was an ugly cat. That is why I complained. Quote Link to comment Share on other sites More sharing options...
Whatley Posted September 5, 2007 Report Share Posted September 5, 2007 Is your backyard fenced or is it open to the golf course you apparently live on? Mine has a clause about anything not sticking up above the fence not needing to be approved and what's comical is it makes no mention of the fence needing to be "private", so even a wrought iron fence you can see right through classifies. Read the CCR's closely you can probably find a loophole somewhere. Finding loopholes in mine has become a personal hobby these days. Although if you can show that other's have them installed you will either get it approved or doom those that already have tubs. Quote Link to comment Share on other sites More sharing options...
Brulan1 Posted September 5, 2007 Report Share Posted September 5, 2007 just got the word my new deck pavers and screen is approved by homeowners association now the bad news not allowed above ground spas (unless built into a deck system with spa flush to top of deck or an inground pool/spa comb ) . now have to hire an attorney and try to get this ruling changed. tonight i walked the golf course and took 5 pictures of hot tubs on back yard patios in the community. just wondering how they got approval and i did not. anyway now i for have to put on hold my order on the sundance altamar . i could go with an in ground sundance optima and pay twice the price. any feedback pros and cons with an in ground version. Never tell a town you are putting a portable tub otherwise they will def. want the money. Put it their and if the town says something than you can fight it and back it up with those handy pics. Quote Link to comment Share on other sites More sharing options...
TNRWAYNE Posted September 6, 2007 Author Report Share Posted September 6, 2007 Is your backyard fenced or is it open to the golf course you apparently live on? Mine has a clause about anything not sticking up above the fence not needing to be approved and what's comical is it makes no mention of the fence needing to be "private", so even a wrought iron fence you can see right through classifies. Read the CCR's closely you can probably find a loophole somewhere. Finding loopholes in mine has become a personal hobby these days. Although if you can show that other's have them installed you will either get it approved or doom those that already have tubs. my backyard is fenced, hole #1 green is a pitching wedge away. we have a community covenant for the community and nothing in there says i can not have a spa. also have a declaration of covenants,conditions and restrictions for the comminity and again not a thing on spas. the community has a web site run by the developer and the property manangement company and on the web site is a RESIDENTIAL COMMUNITY DESIGN GUIDELINES. that says not allowed above ground spas. there must be at least 3o homes with hot tubs with 900 plus homes, Quote Link to comment Share on other sites More sharing options...
Whatley Posted September 6, 2007 Report Share Posted September 6, 2007 Is your backyard fenced or is it open to the golf course you apparently live on? Mine has a clause about anything not sticking up above the fence not needing to be approved and what's comical is it makes no mention of the fence needing to be "private", so even a wrought iron fence you can see right through classifies. Read the CCR's closely you can probably find a loophole somewhere. Finding loopholes in mine has become a personal hobby these days. Although if you can show that other's have them installed you will either get it approved or doom those that already have tubs. my backyard is fenced, hole #1 green is a pitching wedge away. we have a community covenant for the community and nothing in there says i can not have a spa. also have a declaration of covenants,conditions and restrictions for the comminity and again not a thing on spas. the community has a web site run by the developer and the property manangement company and on the web site is a RESIDENTIAL COMMUNITY DESIGN GUIDELINES. that says not allowed above ground spas. there must be at least 3o homes with hot tubs with 900 plus homes, Now we're speaking my language, however I want to make it clear up front that I'm not a lawyer just a guy who's totally fed up with covenants. When you bought the home you must've signed these CCR's (covenants, conditions and restrictions). The Residential Communty Design Guidelines might crush you IF these are referenced in the CCR's especially since yours are made public (mine weren't). I had a fencing issue with a similar outcome to your problem where a specification was listed in what we called the ACC guidelines but they were referenced in the CCR's. I did what you did, took pictures of several others violating the community design guidelines and received a variance. However, if there is something in the CCR's stating you don't need approval on home improvements in your yard lower than the fence (a fairly common clause) you don't have to follow these "Residential Community Design Guidelines" as you aren't required, by the document you signed, to get the improvement (hot tub) approved. I've helped some friends out with this very clause, and generally it's worded in a manner that from ground level (not grade) to the top of the improvement has to be a shorter distance than ground level to the top of the fence. I could put in a miniture golf course in my backyard as long as nothing was taller than the fence and didn't open it up for business. Quote Link to comment Share on other sites More sharing options...
Autoplay Posted September 6, 2007 Report Share Posted September 6, 2007 What real purpose is a HOA? Anybody who would set on that comittee has to be screwed up. I was in a community in Boulder like that, and NEVER AGAIN. It is hard enough with the building department and all their confusion. At least that HOA,had the smarts,to boot your butt out of the community! Quote Link to comment Share on other sites More sharing options...
Divrlou Posted September 7, 2007 Report Share Posted September 7, 2007 Hey Bru, Is a town and an HOA the same thing? Quote Link to comment Share on other sites More sharing options...
toddcantor1 Posted January 5, 2015 Report Share Posted January 5, 2015 I have a hot tub i placed on my balcony at my condo for almost 2 years now.The condo HOA is now threatening to take me to court if I do not remove it. Prior to ordering and placing my hot tub on my balcony I had checked with our property manager, condo hoa attorney, & local code enforcement, to see if there were any rules against hot tubs on the balconies. After checking over four times each the reply was always "no rules against hot tubs." With our new Association members they now want to arbitrarily tell me it must be removed, they now have made it an official rule, "no hot tubs on balconies, or inside the units, other than the whirlpool bathtubs that were built with each unit." My hot tub is a 5 foot by 7 foot, 2 person 110 volt plugin portable self-contained spa. I also have prescriptions from my doctors stating the hydro therapy is beneficial, any extremely helpful as my therapy. Mental and physical I would appreciate it if someone would be able to share good ammunition against this over zealous, Board of Directors. We are located in Southern Mississippi and young in the condominium Association rules and regulations. Any help would be greatly appreciated. Sincerely fellow spa owner Quote Link to comment Share on other sites More sharing options...
Dnepr Dave Posted January 6, 2015 Report Share Posted January 6, 2015 When I was looking for a house, I told the real estate agent not to show me properties that were in the jurisdiction of home owners associations or had any covenants. Dave Quote Link to comment Share on other sites More sharing options...
Roger Posted January 7, 2015 Report Share Posted January 7, 2015 I live in the country but I would never consider purchasing a place if there was any rules as to what I can and can't do on MY property. Unless the HOA is paying my taxes. Old resurrected thread? 7 years. Quote Link to comment Share on other sites More sharing options...
Dr. Spa Posted January 7, 2015 Report Share Posted January 7, 2015 If, you have proof of permission, you would be grandfathered into the old rules, and any new rule would only apply to new owners, possibly to you IF you agree to them....unless there is a clause in the HOA arbitrarily allowing any new rule to apply. (I'm not an attorney, but have been know to play one on street corners). You really should consult an attorney licensed to practice law in your area. Quote Link to comment Share on other sites More sharing options...
riekl Posted January 18, 2015 Report Share Posted January 18, 2015 I would be extremely cautious about proceeding when you have a denial letter from your HOA, I would equally completely ignore the advice of any family lawyer, they are not experienced in HOA laws. I am the treasurer on my HOA and have learned a great deal about them over the past 5 years. Each state is a bit different, but in Michigan for example HOA's have very broad powers. You need to read your CC&R's, is there anything in there mentioned about portable spas ? The fact that they are portable doesn't matter the HOA can forbid them, if you ignore the HOA they can fine you, and if you refuse to pay the fines they can foreclose on your home. We just foreclosed a guys house who refused to put landscaping in despite the CC&R requirements his lawyer told me he absolutely couldn't foreclose. His moving trucks came last week. Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You can post now and register later. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.