Legal Battle Erupts Over Tiny Pool in Tampa Neighborhood
The Aguado family thought they were just building a small pool for their daughters to enjoy, but now they find themselves in the middle of a legal battle with their homeowners association. The tiny 12×24 feet pool has caused a major headache for the family, as the HOA has issued a cease-and-desist order due to a rule requiring pools to be built at least 13 feet from the property line.
Despite having all the necessary permits from Hillsborough County, the Aguados are now facing the possibility of having to tear down their pool or face a lawsuit from the HOA. The emotional toll on the family has been significant, with nearly $10,000 spent on legal fees so far.
The HOA’s attorney cited neighborhood flooding issues as the reason for the setback rule, and they are not willing to grant an exemption unless the Aguados can prove that no other properties would be adversely affected. The case is now headed to mediation, with the family hiring an engineer to study their area of the community and provide a report.
This situation serves as a cautionary tale for homeowners about the importance of obtaining approval from their HOA before starting any home improvement projects. Attorney Mark Lippman warns that boards are often reluctant to grant exemptions, even if the rules seem unreasonable.
The Aguados are determined to fight for their pool and will do whatever it takes to keep it. Only time will tell if they will be able to reach a resolution with the HOA or if they will have to say goodbye to their dream pool.