We are wanting to build a pool in the backyard. Nothing crazy, just a standard size pool. The county has a 10’ setback rule but apparently the HOA bylaws state “a pool enclosure must be the GREATER of 15’ from rear property line or 10’ from a drainage easement.” And this supersedes the county.

The way our house was built on the lot makes our backyard very limited  in terms of pool configurations and lot lines. The pool builder spoke with the county and confirmed their 10’ setback and then made the pool design to run parallel with that setback on the right side. HOA denied our request and says we have to make the pool smaller otherwise it’s denied. When asked for a variance or appeals process I was informed by the ARB chairman that Florida Regulations do not allow HOAs to issue variances or exceptions  to their covenants. Is this true?

It seems crazy that on a 3/4 acre lot we can’t build an average size pool because of a 5 foot dispute based on an arbitrary number they came up with 20 years ago. 

What is the process here to escalate this? I invited the chairman to come see the lot for himself or even just discuss it further on the phone and he declined. It feels like it’s a dictatorship and he has no interest in trying to find a mutual agreement. This has no impact to any neighbors and does nothing to hurt property values. Should I try to go to the actual HOA board who oversees the ARB? Please give me some guidance here . Thanks!! 

[FL][SFH]Architectural Review Board claims no variance or appeals process?