Pool Capacity Laws/Subdivisions Question (homes, closing, costs) - Huntsville-Madison-Decatur area - Alabama (AL) - Page 2 - City-Data Forum

ionlife · 07-26-2009, 06:39 AM

We never got a paper document when we signed on our house. We got a CD Rom--who has time to watch that when they're unpacking their boxes? And the deed was done. Indeed, we are in a pickle because the declarant is legally in the right. But we weren't properly informed. Of course, we bought our house while living somewhere else, on the internet, haha, and overall we love this place. The problem is that we don't see all the lots selling which allows the declarant to lord over us for 10 years after we takeover the HOA. We're in a deadlock.

The board did get the annexation taken off, but not the right for 50 homeowners to join the amenities. Unfortunately, I believe this is the best we can do unless we band together as a group and try to legally force a change. The pool is small potatoes to me. I am worried about the developer continuing to get variances to his own rules so he can pretty much do what he wants to us and our community.

I honestly don't want to expend all my energy fighting. I think we may have to cut our losses, and they're big, just to get the annexation off our necks.

ionlife · 07-26-2009, 06:41 AM

Autobahn-we have asked our developer to sign away that right and he refuses. His rep says they are being "more than fair" by dropping the annexation. Until he signs that clause away, we refuse to takeover the HOA as a community. It's our only weapon.

autobahn · 07-26-2009, 06:43 AM

If you live in Madison, contact the Madison Homeowners Network. They can put you in touch with their lawyer as well as help with practical experiences in similar neighborhoods that have gone through the same issues:
The Madison HOA Network - Home Page

autobahn · 07-26-2009, 06:47 AM

If your pool is more than a year old, also make sure the developer brings it into compliance with the Virginia Graeme Baker Pool and Spa Safety Act - Stop Swimming Pool Suction Entrapment Accidents - Virginia Graeme Baker Pool and Spa Safety
Depending upon the pool design, it could be expensive or cheap to fix. You do not want your kids getting disemboweled by the pool.

ionlife · 07-26-2009, 06:52 AM

We did that one already... thanks Autobahn!

ionlife · 07-26-2009, 07:49 AM

Apparently we do have a lawyer from the Madison HOA but other communities were freed of the declarant clause due to the declarant no longer having financial interest in the area. Our declarant does have a lot of interest in the area, so our declarant is not budging easily. It'll take a lot of effort to change this.

And really, I was thinking about the whole document thing. Even if I had the docs at time of signing for the HOA, there was so much happening, I don't know if would have had time to read them. And, I doubt that would have stopped us from buying our home. As I said, we love our home and our neighborhood. It's a great place and community. Why would we walk away from a sale at the last minute?

They really have you between a rock and a hard place if you are coming in from out of town--as many will be and have been in since the BRAC started. Alabama is a BUYER BEWARE state anyway--non-disclosure is a huge problem. I guess I'm just happy I have an overall decent home and community. I know of one family that had a terrible problem with a custom builder. Their story makes my situation look like a walk in the park with perfect weather.

autobahn · 07-26-2009, 09:39 AM

When we lived in Maryland, they had a law that required the buyer to be given a copy of the covenants and 48 hours to read them before the contract is binding. Unfortunately, Alabama does not. The covenants do get recorded with the deed at the courthouse even if you have not read them.

autobahn · 07-26-2009, 10:00 AM

FYI, when we were in Atlanta this weekend, we stayed at Residence Inn. Their pool had it posted what the maximum capacity. They had a very small pool and I think the limit was 89 people. Wow!

ionlife · 07-26-2009, 04:36 PM

our pool is MUCH SMALLER than that one... I doubt it could hold 50.

autobahn · 07-26-2009, 07:11 PM

Quote:

Originally Posted by dramamama

our pool is MUCH SMALLER than that one... I doubt it could hold 50.

Not sure if capacity is people in the pool or includes people on the deck.

Do you all have problems with people throwing pool parties? We did while our developer was still in charge. They often got out of hand and chased away homeowners and their kids. Once we put a board in place, we banned pool parties, locked the door between the clubhouse and pool and limited guests. It has made the pool much more family friendly and limited our liability. Ours is Jr Olympic sized for 165 houses. One thing that is interesting is the more people that use the pool, the more chemicals you end up paying for to keep the water balanced.