Hoa Says Pools Are Allowed In The Side Yard, But Denied My Side Yard Pool Application. Do I Have A Case?
Location: Tennessee
I live in Tennessee and am trying to install a fully compliant, in-ground pool on the side of my house. My HOA just denied the application, claiming the layout is "not in compliance with community guidelines" because it sits in the side yard facing a side street.
Here is the blatant contradiction in our governing documents:
The Pool Rule: Article VII, Section 26 of our CCRs explicitly states that swimming pools are permitted to be located in the "rear, side, or enclosed within the main dwelling."
The Footprint: The entire side yard area is already fully enclosed by a black aluminum safety fence that the HOA formally approved in writing last year. They have zero issues with the fence itself.
I emailed the management company pointing out that the CCRs explicitly permit "side" pools, and they are currently huddling with the Architectural Review Committee to figure out a response. I also offered to add mature evergreen trees to fully shield the pool from the street view.
If the covenants explicitly say "side" pools are allowed, and the side yard is already a legally fenced part of my property, can they legally double down on a denial just because they don't "like" a side pool? What are my options if they refuse to budge?
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