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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111603
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I am building a Pool with a ghly respected builder. All

Customer Question

I am building a Pool with a highly respected builder. All plans have been approved by the city of Houston Texas. However, when the Architectural Committee met 2 of the 3 members approved it, except one who claims that we need to sound proof the pool equipment to not produce a sound that is higher than 30 DB which is equivalent to whispering when you talk. I am frustrated since we been at this juncture almost 2 months.
I have tried to explain this is unattainable, the pool builder has submitted a letter that the Pump we will be using is the lowest DB output in the market, that closing the motor will burn the motor quickly, but yet they are reluctant. No other association around our area requires this requirements.
What are our legal options?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the architectural committee will not give approval, your next step is you need to file a written appeal to the HOA board of directors with a written report from your pool contractor. If the board denies your written appeal, then you can file suit in court for a declaratory judgment asking the court to decide and your claim is their denial is unreasonable and arbitrary and capricious. A board has a right to approve these constructions but cannot deny them without good cause. If this denial is unreasonable, then the court can force them to approve the pool.