Court Orders Owner to Remove Above-Ground Pool

This case involved a dispute between a homeowner’s association (“Association”) and the owner of a property (“Owner”) within the common interest community over Owner’s construction of an above-ground swim spa that Association alleged had not been approved in advance of the construction as required by Association’s governing documents, and in violation of a restrictive covenant in Association’s declaration that prohibited above-ground pools.

In early 2022, Owner installed a concrete pad, elevated Trex deck, and Hydropool Swim Spa on her property. The dimensions of the spa were 18.33’ x 7.75’ and it had a height of 4.4’. To access the spa, there was a set of stairs that led to an elevated deck that surrounded tow of the four sides of the spa. After receiving a complaint from a neighboring property owner, Association’s property manager advised her of the violation. Owner then sought approval of the spa from Association, but the approval was denied because the spa did not comply with the requirements of Association’s Declaration of Restrictions. Association then requested that Owner either remove the above-ground spa, or alternatively, submit a request for approval to convert it to an inground pool. When Owner did not comply with Association’s request, Association filed suit against Owner seeking a permanent injunction against the alleged violations, requiring Owner to remove the entire structure.

The trial court concluded that Owner’s spa violated: