homeowner covenants in ohio

[dhorstman]

What is the name of your state (only U.S. law)? ohio
we want to put up an above ground pool but our homeowner covenants prohibit it. The problem is there is no association to appeal to. We have lived here for 9 years and ther has never been a formal association. One tried to form a number of years ago but the person who tried to form it moved. Can we get away with putting up a pool. We plan on surrounding it completly with a deck so the pool wont even be visible.

 

[OHRoadwarrior]

My understanding, from discussing the covenants on my property, with the family that enacted the covenants, is that city zoning can enforce covenants. I would check with them.

 

[dhorstman]

thanks

thanks for the reply. I checked with my city and was told they do not enforce covrnants so i build at my own risk.

 

[LdiJ]

thanks for the reply. I checked with my city and was told they do not enforce covrnants so i build at my own risk.

You really do have a rather interesting situation. In order for those covenants to be enforceable, you have to have someone to actually enforce them. Since you have no HOA, there is no entity available to enforce them, so about the only thing that could happen is that one of your neighbors could sue you.

 

[xylene]

The remoteness of that possibility depends on your neighbors.

They can change.

You nay not realize this, but high quality, freely available, satellite images are common and are an easy way to find unauthorized pools. People and municipalities do this.

I'd at least check with a local lawyer to see where you stand.