A Spring family is currently locked in a battle with their homeowner’s association, and it all has to do with the pool safety fence that they have installed at their home. According to the homeowner, the fence was installed in 2014, which is the same year that the home and pool were both constructed. They also said that initially, their homeowner’s association instructed them that they were required to have a fence situated around their pool; however, in 2016, the HOA then stated that the fence had to come down, claiming that it wasn’t compliant with the guidelines that they had established.
The homeowner says that the fence provides safety for not only their family, but for the entire community as well. The home is situated on a corner lot in the subdivision and has no perimeter fence in the main yard, which is of a large size. The homeowner says that without the safety fence around their pool, it essentially allows for anyone to walk into the pool area and fall in, which can be extremely dangerous.
They further note that the fence is not considered to be an eyesore of any kind, and that there are also at least 50 other types of the same kind of fence installed in other homes throughout the same neighborhood. It was later confirmed within a matter of minutes that many other homes did, in fact, have this same type of fencing around their pools.
The president of the HOA later stated via an email that properties such as the one that the homeowner lives on may only have a non-privacy fence made of iron that measures no more than four feet in height; however, the deed restrictions of the subdivision clearly make no mention regarding pool fences, thereby making that a totally different matter altogether. According to attorneys, under Texas state law, if a deed restriction imposes no restriction, then a homeowner may decide how they use the property that they reside on.
The homeowner has essentially been left with three choices to consider: move, purchase an expensive iron fence that the HOA will allow for their property, or sue the HOA. Typically, if a homeowner sues the HOA, they will be granted a fair opportunity to plead their case because under Texas state law, if a homeowner sues an HOA and wins their case, then the HOA will be legally required to pay for all court costs incurred by the homeowner. On the other hand, if the HOA sues the homeowner, they are not entitled to recover costs involved with defending themselves and hiring an attorney, even if the homeowner wins.
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