Court Upholds Order Requiring Homeowners to Remove Unapproved Pool Pavilion — and Pay $73,000 in Attorney Fees

This recent appellate decision is a strong reminder that architectural-control disputes in HOAs can become much more expensive than the original project itself.

The case involved homeowners who constructed an outdoor kitchen and pool pavilion without final HOA approval. The structure was not a minor improvement. It was described as a freestanding outdoor kitchen/pool pavilion of approximately 594 square feet, 19.5 feet high, with an enclosed bathroom, storage space, covered outdoor kitchen, water, and electrical utilities. The HOA’s design guidelines for the homeowners’ lot allowed detached structures only if they were under 120 square feet, no more than 12 feet high, located in the proper rear-yard area, and without utilities.

The HOA denied the application. The homeowners appealed and sought a variance, but they began construction before the approval process was complete. The HOA told them to stop, warned them that fines would accrue, and cautioned that they might have to tear the structure down if they kept building. They continued anyway and completed the project.

The result was severe. A jury awarded the HOA $6,475 in unpaid fines and $73,000 in attorney fees and costs. The trial court also ordered the homeowners to remove the entire outdoor kitchen/pool pavilion and restore the area to its original condition. The Court of Appeals affirmed.

Why This Case Matters

For HOAs and homeowners, this decision shows that architectural approval disputes are not just about whether a project looks nice or whether neighbors object. They can become high-stakes financial disputes involving fines, attorney fees, court orders, removal costs, and the complete loss of the money spent building the improvement.

The most important practical lesson is simple- a homeowner who builds first and fights later may be taking an enormous financial risk. Here, the homeowners did not merely face a fine. They faced a combined financial burden that likely included: