Legal Question in Real Estate Law in West Virginia

Installation of an above ground pool (HOA Denied)

We currently applied through our HOA for the installation of an above ground pool. We heard back from the architect commitee that our request has been denied. He denied our request stating that our covanants say that they are prohibited. No where in our covanants does it state this. I have again, reapplied for the installation and sent the pages of our covanants to the commitee member and I am waiting to hear back. He also stated that he thinks above ground pools look trashy, and being that our backyard faces the road where potential buyers ride by, that he would not permit us to have a pool unless underground. He also stated that he has lost sales due to the fact that one member of the same subdivision has already installed a pool and i beleive they are in litigation over it. I want to know from a legal standpoint what are my options...being that no where in my HOA does it state that above ground pools are prohibited. Please help, would love to get this installed before summery is over!!

Thanks,

David


Asked on 6/26/02, 12:26 pm

1 Answer from Attorneys
Thomas Zimmerman Zimmerman Law Office

Re: Installation of an above ground pool (HOA Denied)

Ordinarily, restrictive covenants are strictly construed. That is, a property owner can do anything he wants with his property as long as it is not illegal or creates a nuisance or is prohibited by a lawful restriction. The HOA may have a mechanism for change and for resolution of dispute. You and you lawyer should study its provisions. You should get copies of any pending litigation over an above ground pool as the case is important to you as to how the court might rule in any future case. You have a right to bring an action to interpret the regulation before investing in the pool. Tom Zimmerman

Read more
Answered on 6/27/02, 11:30 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in West Virginia