Empty Pool - Safety Issue?

[Tumbuktu]

This is not FHA assignment. Got the following from the lender:

". . If the pool being empty and uncovered presents any safety issues such as a fall hazard. Should the pool be covered or fenced in . . . "

I never had issues with Empty Pools (during winters) before. Are there any Fannie Mae guidelines on this issue. As always, feedback and guidance would be highly appreciated.

 

[Mr Rex]

If you had kids, particularly in the toddler stage, would you consider it a safety hazard, empty or full? Just MHO, but an insurance agent would pass out and a personal injury lawyer would be "aroused" at that photo. CYA.

 

[Jerry Bone Jr]

Empty pool safety issue is falling in, hitting head, bleeding out.
Full pool safety issue is falling in, drowning.
The homeowner could just as easily trip over the curb, get hit by a car in the street out front.
Each is a "safety issue" that doesn't require correction.
But no, I don't know that FNMA says about the issue.

 

[Mr Rex]

Fannie Mae says safety issues should be addressed. Pools are not specifically referenced, nor are stair or deck railings etc. Want to really get the down and dirty? Call your E&O.

 

[Tim The Enchanter]

Skate board kids dream.

 

[Tom4value]

Is there a fence around the pool? I agree with Jerry Bone, Jr. If it is safe with water in it, it is safe without it.

 

[CANative]

Leaving a pool empty can damage it.

 

[Denita Neuenhaus]

I'm not an appraiser. I don't know your code enforcement regulations in your area, but in our area of S Florida there has to be a fence around the pool (not just the yard) and at least 2 (maybe 3) "barriers" if entering the pool area from the house. "Barrier" is also considered an alarm and locking door. Fence has to have a locked gate. This is for all pools, empty or not.
In Fannie Mae and Freddie Mac foreclosures they board over the pool - water and all - for safety reasons. It's ugly too. And that orange construction barrier type fence is around the pool area in addition to whatever other fencing was in place at the time of foreclosure. The last one I sold in this condition the buyer was a cash buyer and there were all kinds of surprises after they removed that plywood board over the pool. No board or covering was removed until after closing. Fannie wouldn't allow it.
Naturally for FHA it is, IIRC, the pool has to be blue, clean and clear before the lender will fund.

So I have no idea how your appraisal is affected by a empty pool for Fannie Mae. Only how they deliver it when it's a foreclosure.

 

[CANative]

I'm not an appraiser. I don't know your code enforcement regulations in your area, but in our area of S Florida there has to be a fence around the pool (not just the yard) and at least 2 (maybe 3) "barriers" if entering the pool area from the house. "Barrier" is also considered an alarm and locking door. Fence has to have a locked gate. This is for all pools, empty or not.
In Fannie Mae and Freddie Mac foreclosures they board over the pool - water and all - for safety reasons. It's ugly too. And that orange construction barrier type fence is around the pool area in addition to whatever other fencing was in place at the time of foreclosure. The last one I sold in this condition the buyer was a cash buyer and there were all kinds of surprises after they removed that plywood board over the pool. No board or covering was removed until after closing. Fannie wouldn't allow it.
Naturally for FHA it is, IIRC, the pool has to be blue, clean and clear before the lender will fund.

So I have no idea how your appraisal if affected by a empty pool for Fannie Mae. Only how they deliver it when it's a foreclosure.

"
f. Swimming Pools

The Appraiser must report readily observable defects in a non-covered pool that would render the pool inoperable or unusable. If the pool water contains algae and is aesthetically unappealing, but the Appraiser has no evidence that the pool is otherwise contaminated, no cleaning is required. Swimming pools must be operational to provide full Contributory Value.
The Appraiser must condition the appraisal report for pools with unstable sides or structural issues to be repaired or permanently filled in accordance with local guidelines, and the surrounding land re-graded if necessary.

If the swimming pool has been winterized, or the Appraiser cannot determine if the pool is in working order, the Appraiser must complete the appraisal with the extraordinary assumption that the pool and its equipment can be restored to full operating condition at normal costs."

 

[Denita Neuenhaus]

That's really interesting CANative. I wonder if the lender(s) have been placing additional guidelines on pools? I don't know. The blue - clean and clear phrase is pretty ingrained here (S Florida). We don't winterize pools either. I do notice that if the pool is working and we have a heavy rain creating green water just before the appraiser comes out, it isn't mentioned in the report as needing repair (as in shocking the water). Thanks for posting that just in case I need it for the future.