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DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 787
Experience:  Attorney at Drake Law Firm PLC
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I live in AZ, have owned my combo for 17 years was told no

Customer Question

I live in AZ, have owned my combo for 17 years was told no pools on the patio. Now someone has a pool on there patio that hold 180 gallons of water. I complained the said because there is nothing in the CCR about it they can have it. We have a community pool. Wasting water on a pool on the patio will increase our HOH fees. Is there anything I can do to get them to get rid of the pool?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 1 year ago.

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No, if it is not restricted by the CC&Rs, there is nothing you can do about it. Unless you can get enough people on board to change the CC&Rs.

Also, I am confused how water will cost the HOA money, doesn't each homeowner pay their own water bills?

Customer: replied 1 year ago.
Our association fee includes our water bill. So I don't pay a water bill, just the association fee.
Customer: replied 1 year ago.
The higher our water bill goes so does our association fee
Expert:  DrakeLAW replied 1 year ago.

Oh interesting. Ok, so it seems like others would be bothered by the same thing and you can perhaps convince the board to pass a resolution saying no pools allowed. Does that make sense?

Customer: replied 1 year ago.
I've tried they say to expensive to change the ccr
Expert:  DrakeLAW replied 1 year ago.

Geez, well then you are stuck until you get board members who want to do it unfortunately.

Expert:  DrakeLAW replied 1 year ago.

Please kindly rate the question so it may be closed and I may be credited.