Question:
I installed a really nice above ground pool in my back yard. I spent 30K on landscaping around and it is behind a fence where it cannot be seen from the road. My HOA is forcing me to remove it because “no above ground pools allowed”. They refuse to give me a hearing to plead my case regarding updating design standards. I spent so much money on the yard/pool that I cannot afford anymore $$ for a lawyer. What can I do?
– Lucy
Answer:
Hi Lucy,
An HOA in Georgia does generally have the ability to restrict above-ground pools provided the governing documents reflect this restriction. Such a rule applies even if the pool is not visible from the outside.
Additionally, Georgia law does not require HOAs to give homeowners an opportunity to be heard for a violation. However, your governing documents may contain such a requirement, so check your CC&Rs and bylaws to make sure.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
