Legal Question in Landlord & Tenant Law in New Hampshire
Legal right of homeowner's associaton to forbid filling of pools
I live in a neighborhood of 45 homes governed by a homeowner's assoc & by-laws. We pay quarterly dues which cover water and sewer usage as well as electric usage for lights, pumphouse usage etc. Our governing board recently posted a notice that filling of any pool over 250 gallons would be forbidden. An advisory board meeting was held and I, as an advisory board member, was forbidden access to the meeting. Noone attending the meeting owned a pool of any size. I have a 4,400 gallon pool that I put up and take down every summer and feel that I was denied access for that reason.
Until a meeting is held to try and obtain a 2/3 vote to pass a by-law enacting this mandate, there is nothing the board can do to enforce it. I offered to fill my pool over a three or more day period and only at night to minimize any impact on the water system, but the request was denied. It is going to cost me up to $275 to have water trucked in and my objection is that I already pay for the usage of the water, why should I have to pay an additional fee, especially when they would not agree to work with the homeowner's on this situation?
Can the board forbid me to fill my pool without a by-law and is this a legal action that can be taken by them?
1 Answer from Attorneys
Re: Legal right of homeowner's associaton to forbid filling of pools
I would have to review the current by-laws and rules. Actions would likely have to be ratified if no bylaw addresses either the subject or the authority of governing board to issue "edicts"./
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Call if you wish to pursue.