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FHA Pool with no fence

Discussion in 'FHA/HUD and VA' started by rickhart79, May 27, 2009.

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  1. sconway

    sconway New Member

    0
    Apr 17, 2007
    Professional Status:
    Certified Residential Appraiser
    State:
    Texas
    Don, I thought FHA did want the properties to be compliant with local codes?? No?
     
  2. Mr Rex

    Mr Rex Elite Member

    140
    Jan 12, 2004
    Professional Status:
    Certified Residential Appraiser
    State:
    North Carolina

    3–5 Code Enforcement for Existing Properties
    [​IMG] [​IMG]
    Local municipalities design local housing code standards; therefore, enforcement of such housing standards rests with the local authority. HUD does not have the authority or the responsibility for enforcing local housing codes except for mortgages on properties to be insured under Section 221(d)(2)–a program with mortgage limits at $36,000. Loans insured under Section 221(d)(2) of the National Housing Act require code enforcement. The appraiser should contact the lender for further instructions if the mortgage is to be insured under Section 221(d)(2).
     
  3. timd354

    timd354 Elite Member

    108
    Jan 11, 2008
    Professional Status:
    Certified Residential Appraiser
    State:
    Maryland
    No offense, but you went way over the line by requiring a fence to be installed just because someone owned large dogs. Question: Please tell me how the lack of a fence was a health and safety issue to the owners/occupants of the subject property? Answer: it was not a health and safety issue to the owner and occupants of the subject property and no reasonable argument can be made that it was. Thus, instead of following actual FHA protocols, you simply injected your own personal bias into an appraisal report and required something that is simply not required by FHA protocols. This actually might be the most ridiculous appraisal conditions that I have ever heard of.
     
  4. thedavesta

    thedavesta Sophomore Member

    0
    Jul 29, 2008
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Rickhart, down here in South Florida, it depends on the age of the dwelling since every property from 2000 till now required either a pool fence around the pool itself OR screaching alarms on every door/window that has access to the pool area. Everything built before 2000 falls on the old codes/ordinances which required a fence around your property to keep out unwelcomed guests. For fha purposes, you must follows your local zoning ordinances or building codes.. hope that helps !
     
  5. Crippled Chef

    Crippled Chef Sophomore Member

    0
    Feb 7, 2009
    Professional Status:
    Licensed Appraiser
    State:
    New York
    In ground pool without a fence around it is in violation of the "The law of attractive uses" whereby a child of tender years would be naturally attracted to said in ground pool. I personally believe that as an appraiser doing an FHA appraisal we are required to report safety problems...in my opinion this is a safety problem.
     
  6. timd354

    timd354 Elite Member

    108
    Jan 11, 2008
    Professional Status:
    Certified Residential Appraiser
    State:
    Maryland
    The legal concept that you refer to is called "attractive nuisance" and the laws regarding attractive nuisance vary greatly from state to state. In some states, it very easy to sue if someone is injured because of an attractive nuisance while in other states it is virtually impossible to win such a lawsuit.
     
  7. Wm. Hattaway

    Wm. Hattaway Senior Member

    0
    Mar 18, 2006
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    I've never seen a sales contract for FHA that said "oh by the way the buyer has small children". Not my job man.
     
  8. Crippled Chef

    Crippled Chef Sophomore Member

    0
    Feb 7, 2009
    Professional Status:
    Licensed Appraiser
    State:
    New York
    Pool with no fence

    Here in NY the law is "law of attractive uses" and is designed to protect small children who have a natural attraction to dangerous things...pools, large construction sites, drainage ditches etc...it is a safety issue to have an inground pool with no fence...no matter if the sales contract says they have small kids or not...common sense dictates a safety issue also.
     
  9. Wm. Hattaway

    Wm. Hattaway Senior Member

    0
    Mar 18, 2006
    Professional Status:
    Certified Residential Appraiser
    State:
    Florida
    Common sense?! Every year garage doors close and injure or kill children. Are you going to call for the removal of the garage door? Every year drape cords wrap around children’s necks and injure or kill them. Are you going to call for the removal of drape cords? Every year children insert metal objects into electrical outlets and injure or kill them selves. Are you going to call for the removal of electrical outlets? At some point you have to let people be responsible for their own lives and their own mistakes. You don’t call for safety items because you foresee danger Will Robinson. We don’t rewrite zoning laws or building codes. We’re appraisers, we appraise homes. Get the job done and move on.
     
  10. Ken B

    Ken B Elite Member

    92
    Feb 18, 2004
    Professional Status:
    Certified General Appraiser
    State:
    Florida
    Most states have adopted a standard requirment that a pool be protected by a barrier. Walls and fences are one form of barrier. If I was uncertain if a screen enclosure was an adequate barrier or not, I would direct that question to the Code Compliance section of the local Building Department.
     
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