Question:
My HOA has denied my request to install a SwimSpa at my home. They claim it is a temporary above ground pool. I claim it is a large pre-fabricated hot tub and is not against the CC&R for the neighborhood. With 3 rounds complete, what are my next step to get approval from my HOA, including suing to “get my way”?
– Mike
Answer:
Hi Mike,
Whether or not your HOA can prohibit you from installing a Swim Spa depends on the wording of your governing documents. Generally, it is not a good idea to sue your HOA because it is tantamount to suing your fellow homeowners. Homeowners, after all, are the ones who will have to pay the dues that will cover the cost of the lawsuit (and that includes you). I advise going through the proper channels to secure approval, and it is important to secure approval before installing the Swim Spa.
Of course, that being said, there is nothing stopping you from suing the HOA. However, this will take a lot of time and resources, and there is no guarantee that a court will rule in your favor, especially if the wording of your HOA’s governing documents make it clear that Swim Spas are not permitted. You can contact a lawyer for further guidance.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
