HERON LAKES ESTATES OWNERS ASSOCIATION

ARCHITECTURAL GUIDELINES

Swimming Pools
These guidelines apply to swimming pools that are permanent in nature, which for
purposes of these guidelines, shall also include spas, jacuzzis, hot tubs, and any other
liquid-containing structure intended for recreational swimming, bathing, or wading.(1) The
objective of these guidelines is to visually integrate the swimming pool into its
immediate surroundings through the careful choice of location, design elements, colors,
and materials, and to achieve a quality of construction that is consistent with the quality
of construction of the homes and landscaping in Heron Lakes Estates.

Type Swimming pools shall be the permanent in-ground type. Above-ground

swimming pools more than 50 square feet in size or more than one foot in
depth are prohibited. (CC&Rs III.7) (1)(5)

Size The overall plan size of each swimming pool shall be limited to 500 square
feet.(2) The overall depth shall not exceed five (5) feet.

Location The swimming pool must be located in the rear yard of the Lot at a location
that has limited visibility from the street. The swimming pool need not be
screened from visibility from the golf course, but screening may be used for
privacy. The swimming pool shall be located behind the building setback
line(s) for the house shown on the recorded plat of the Subdivision and at
least 5 feet away from the house and any Lot boundary line bordering a
neighboring Lot and at least 3 feet away from any Lot boundary line bordering
a Reserve. The swimming pool shall not be located on a utility easement
area. (CC&Rs II.2 & III.4) (3)(15)

Screening If there is no location in the back or side yard of the Lot where the swimming
pool can be located with minimal visibility from the street, some type of
screening materials shall be installed such as landscape shrubbery or trees
that soften or hide the appearance of the swimming pool when viewed from
the street. (5)

Color The pool interior color shall be white or a shade of blue or green. Pool deck
color shall be natural stone, gray, white, taupe, terra cotta, or earth tone in
nature, and shall be in harmony with the existing house colors. Bright and
fluorescent colors are not allowed as primary colors but may be used as
accent colors.

Materials Swimming pools shall be constructed of concrete, gunite, fiberglass, or other

permanent durable materials.

Safety Swimming pools shall meet applicable established safety standards. (7)

Fence To meet safety codes, the pool must be enclosed within a fenced area with a
gate having a childproof self-closing and self-latching safety latch. (7)

Drainage Pool drainage discharge shall comply with local regulations. Pools shall not
adversely affect the Lot drainage system. (12)

Enclosures Structures with roofs that enclose swimming pools are not permitted.

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 Water Features Water features in pools shall not direct water outside of the pool or onto
neighboring properties. (8)

Accessories Swimming pool accessories such as diving boards, slides, volleyball nets,
basketball hoops, etc., shall not exceed a height of 8 feet. Removable
accessories shall be stored when out of season and not in use. (CC&Rs III.1)

Ancillary Structures Ancillary structures for swimming pools such as dressing rooms, lockers,
showers, bathrooms, toilets, equipment sheds, and other similar structures
shall comply with HLEOA Architectural Guideline #AG01, Outbuildings.

Equipment Swimming pool equipment such as pumps, heaters, filters, plumbing, and
other equipment shall not be visible from public view and shall not create a
public nuisance. (9)

Lighting Any outdoor lighting of the pool shall be directed onto the homeowners
property at an angle greater than 45 degrees away from any adjacent Lots. (10)

Maintenance Swimming pools shall be maintained in good condition. Swimming pool

maintenance tools such as skimmer nets, skimmer hose, long handle
brushes, pool chemicals, and other maintenance tools must not be visible
from public view. Backwashing of pools shall comply with local regulations,
and any backwash water must not flow onto any neighbors lot. (11)(13)

Portability Small-diameter, portable, above-ground, childrens pools, usable only by

small children, are permitted without ACC approval. Portable pools must be
stored out of site from public views from the street or golf course. (1)

Permit Swimming pool construction requires a residential development permit. (14)

Notes:
(1) For purposes of this Guideline, an above-ground pool is defined as any pool with the top of the water surface more than 6 above
the average ground surface elevation of the Lot when the pool is filled to its normal usage level. Above-ground pools of temporary
character are disallowed by CC&Rs III.7. Above-ground pools are considered temporary structures if they can be assembled and
disassembled easily to accommodate seasonal weather. Typical prefabricated above-ground pools are not considered visually
appealing by the ACC, are considered by many realtors to decrease property values, and are not considered in harmony with the
quality of construction of homes and landscaping in Heron Lakes Estates. Tall above-ground pools with surrounding wood decks
that are located close to a neighbors property line may violate the privacy of neighbors having fenced yards and are considered a
hazard to neighboring properties due to water damage that may occur if a sudden pool failure occurs. Small inflatable or otherwise
portable kiddie pools less than 50 square feet with one (1) foot or less depth of water (i.e. 375 gallons or less) are considered toys
and are covered by Architectural Guideline #AG15, Outdoor Furniture, Sports Equipment, & Toys.
(2) The plan size of the pool is defined as the overall area within the perimeter of the pool at the ground surface. This size restriction
applies to the pool itself and not the surrounding deck area.
(3) Pools must be located behind building setback lines to comply with CC&Rs III.4 (pools are structures). The 3-ft minimum pool
location distance from property lines bordering Reserve property is to comply with CC&Rs II.2 by providing sufficient clearance for
maintenance by the Owner of the Reserves property for fences or walls constructed along the property line. The 5-ft minimum pool
location distance from side property lines bordering neighboring Lots is to comply with CC&Rs III.4 and to provide sufficient splash
zone and sufficient clearance for maintenance by the Owner of the adjacent property for fences or walls constructed along the
property line. Building setback lines are shown on the Heron Lakes Estates subdivision plat.
(4) Pool decks may extend beyond the building setback lines.
(5) References in parentheses are to the relevant Article and Section of the Declaration of Covenants, Conditions and Restrictions,
Heron Lakes Estates (CC&Rs) that governs.
(6) Screening materials should be installed as soon as possible after the pool is installed, but no later than 6 months. Approved
screening materials consist of screen walls, fences, gates, lawn-sodded earth berms, or densely planted evergreens or other non-
deciduous shrubbery and trees with a height of at least 6 feet that effectively restrict at least 50% to 75% of the pool area from
being viewed. If vegetation is used as the screening material, a reasonable time for growth will be allowed for the screening to
become effective, but fast-growing plants must be selected that are at least 3-feet tall when planted and that are approved by the
ACC, and a dense vegetative planting must be used that incorporates trees, evergreens, hedges, shrubs, or other plants of
varieties that provide effective screening year-round in all seasons.
(7) Meeting safety standards is generally the sole responsibility of the homeowner. The Associations prime concern with regard to the
safety of swimming pools located on homeowners private property is for the protection of other homeowners children in the
community who may easily gain access to the pool if it is not enclosed within a fenced area of the yard. A fence that is at least 4
feet tall is considered a reasonable deterrent to keep unsupervised children from accessing a yard, and homeowners installing

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 swimming pools that may potentially be hazardous to small children are encouraged to also install a surrounding fence if they do
not already have one. Swimming pools are considered hazardous for unsupervised use by small children and are required to be
installed within fenced areas.
(8) A water feature is defined as an interactive device or structure such as a water fountain, water spray, dancing water jet, waterfall,
dumping bucket, or shooting water cannon through which water is directed at the pool user.
(9) Screening methods described above may be used to hide equipment. Equipment shall be located where it will not cause a noise
nuisance to neighbors.
(10) Pools may not be used at night unless the pool is equipped with lighting, either in-pool or outside-pool, sufficient to illuminate the
entire perimeter of the pool sides and the bottom of the pool, including the main drain lying on the floor of the pool at its deepest
point.
(11) The final judgment of whether a swimming pool is in good condition or an eyesore in need of repair, cleaning, replacement, or
removal shall rest solely with the ACC.
(12) When emptying pools, pool water discharge shall not be into a neighboring property, the street, or a stormwater sewer.
(13) Pools must be kept in working order each season. In the event the homeowner no longer desires the pool, the homeowner shall
remove the entire pool and deck, backfill the hole, and cover the area with sodded grass or other approved landscaping materials.
(14) Harris County requires a permit for any development that occurs on residential property, which includes swimming pools. Refer to
the Harris County website for the latest regulations (https://www.eng.hctx.net/permits/res_dev_pools.html).
(15) Reserve areas are defined in the CC&Rs, which consist of the golf course property and the HLEOA Reserve Areas #1 and #2.

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