Community association pools are often considered 'public pools' subject to regulation by Chapter 514, Florida Statutes. Pools operated by private inium and cooperative associations with less than 32 units are generally exempt from certain regulations, but still have to comply with water quality standards.
Ing to HouseLogic, an inground pool could add up to 7% to a home's value when it comes time to sell. Let's break that down. Let's say your home is currently worth $250,000 and you spend $45,000 on a new inground pool. Typically, you'll finance the pool over a period of time, say 10 years.
Once you buy a home that's part of an HOA, you automatically become a member of the HOA. HOA rules are legally binding, and you must adhere to all rules and regulations in the governing document. Yes, there are bylaws that you may not like, but there are no HOA loopholes.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
They can do so. If you feel they are being unfair? You could hire an attorney and sue...if you can prove that the HOA is not being fair, the court can engage and tell the HOA to back down.
For in-ground concrete pools, a state licensed Pool Contractor must be obtained. The contractor will pull the building permit and obtain the engineering expertise, as well as provide necessary paperwork to ensure Florida Building and Swimming Pool Codes are met.
What are unenforceable HOA rules? Keep you out of court. Hush up litigation. Discriminate indiscriminately. Enter your home without cause or notice. String you out on the (clothes)line. Fine you for fun. Change rules on the fly. Demand you take down your dish.
515.29 Residential swimming pool barrier requirements. The barrier must be at least four feet high on the outside. The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.
The Florida Homeowners' Association Act, Chapter 720 of the Florida Statutes, states that amendments to “governing documents” for homeowners' associations are not effective until they are recorded in the public records of the county in which the community is located.
In short, while homeowners in Florida may technically have the legal right to build their own pools, it's a task best left to experienced, professional pool builders.