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OT: Question on taking legal action to fight an HOA ruling

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Suchomel

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Aug 10, 2001
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Long story, but my mother in law is trying to have a pool put in her back yard.

Her lot is 1.15 acres but it's more wide than it is deep. Because of this, the back of the pool would be within the HOA's designated 50-foot build line.

I fully understand why those build lines are in place so you don't put a structure up that's an eye soar for your neighbors. But this is an in-ground pool, not a big shed or garage, and my MIL's property actually backs up to a quarry/lake so it's not like she has any neighbors behind her. She only has one neighbor to the side of her, and she'd be well over the 50' mark to that property line (they're very supportive of her getting a pool and have one of their own).

We're supposed to meet the HOA's three-person architectural committee at her property today at 5. The most maddening part ... others in the neighborhood have been granted variances and the previous homeowner was granted a variance when he put in a request to have a pool put in (different board members at the time, obviously). Not to mention there are countless HOA violations throughout the neighborhood, including the guy right across the street from her who doesn't maintain his lawn very well, parks a trailer in his yard, etc.

For the life of me, I can't figure out why they're being so stubborn about it and they haven't given any reasonable explanation at all.

My question, if they stick to their guns after meeting them at the property today, is this something she could get a lawyer and fight? Not that it matters, but this is a 70-year-old widow who moved to Texas last year to get closer to her grandkids and has always dreamed of having a pool. The fact that they're basically telling her no, and are giving no justifiable reason, is incredibly frustrating.

Any lawyers out there or anyone with experience with something like this, I'd love to hear your thoughts. She's seriously considering hiring an attorney to fight it if there's a chance she can win.

Feel free to email if if that's easier. jason@orangebloods.com.

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