Resurfacing your pool in an HOA: getting approval in Arizona.

Do you need HOA approval to resurface?

It depends on your CC&Rs and design guidelines, not on a statewide rule. Most Arizona HOAs require approval before you change the outside of your home, and pools and spas are one of the standard request types: Planned Development Services, an Arizona HOA management company, lists swimming pools and outdoor spas among the changes that need an architectural request. The same company's advice is the right default: when in doubt, submit a request.

Whether a same-color replaster counts as a change is up to your HOA's documents. A new finish color, tile, coping or deck work changes what the backyard looks like, so plan on sending a request for those. Your community manager can tell you which applies.

What Arizona law says

1. Which law applies. Planned communities (most single-family HOAs) fall under the Planned Communities Act, A.R.S. Title 33, Chapter 16. Condo associations fall under the Condominium Act, Title 33, Chapter 9.
2. No unreasonable refusals. A.R.S. 33-1817(B) says approval of a construction project's architectural designs and plans "shall not unreasonably be withheld."
3. Who reviews. The same section requires any design review or architectural committee to include at least one board member, who chairs it.
4. No set deadline. The statute sets no general deadline for a committee to decide. Ask your manager how often the committee meets and plan around it.

What to send your HOA

Your HOA's own form wins, but Arizona architectural request forms usually ask for:

1. The work. A short description, for example "replaster existing pool, same shape, new finish."
2. Finish details. The finish name and color, plus tile or coping choices if they're changing.
3. Your contractor. Their name and contact details.
4. The proposal. The contractor's written proposal.
5. Dates. Planned start and finish dates.
6. Photos. The pool as it is now.

Don't book the drain date yet

Ask your contractor for the finish name and color early, since forms ask for colors and finishes. Many forms also say work may not start until written approval is issued, so don't book the drain date until you have it.

Compare plaster, quartz and pebble finishes

HOA approval is separate from city rules

Your HOA can't sign off on city requirements, and the city doesn't check your CC&Rs. Draining still has to follow your city's rules (in Phoenix, through the sewer cleanout at no more than 12 gallons a minute). If the job changes your pool fence or gate, Phoenix requires a permit to alter or replace a pool barrier. Check with your city before you drain.

Phoenix drain and barrier rules

If you skip approval, or get denied

1. Notice first. Under A.R.S. 33-1803, an HOA can fine an owner for breaking the community documents only after giving notice and a chance to be heard.
2. 21 days to reply. If you get a written violation notice, you can reply by certified mail within 21 calendar days, and the association must answer in writing within 10 business days with the rule it says you broke and how to contest it.
3. A state hearing. Owners can petition the Arizona Department of Real Estate for a hearing before an administrative law judge instead of going to court. The filing fee is $800 per issue.
4. Get real advice. The Department doesn't regulate HOAs or give legal advice, so for a real dispute, talk to an attorney.

A simple order of steps

It's far cheaper to send the request first. A simple order:

1. Quotes first. Get two or three written quotes and pick your finish.
2. Then the HOA. Send the request with the contractor's proposal and finish details.
3. Then the drain. Schedule it once written approval arrives.
4. Keep the letter. File the approval with your pool paperwork for when you sell.

How to choose a resurfacing contractor

Start with quotes

Tell us about your pool and up to three licensed local contractors who fit the job can send quotes. Then send your HOA the one you pick.

This page is general information, not legal advice. Your CC&Rs and design guidelines control what your HOA requires.

Best time of year to resurface