Above-ground pools require consideration

Q. A few weeks ago, you wrote that homeowners can usually install hardwood floors in a condominium unless their homeowners association’s list of covenants, codes and restrictions specifically prohibits it. But what about above-ground pools? My wife and I would like to put one in our townhome’s individual backyard for our kids to play in, but we aren’t sure if our HOA would allow it.

A. Standard above-ground pools — often made of aluminum or steel — have become wildly popular recently. Yet above-ground pools come with their own set of problems.

Although they can cost far less than their inground counterparts, they still require ongoing and potentially costly maintenance. But unlike inground pools, heavy rains, snow and other adverse weather can shave several years off of the pool’s expected lifespan.

The fact that you live in a townhome development that’s governed by a homeowners association raises additional concerns. Even if the association’s covenants, codes and restrictions don’t specifically prohibit the installation of an above-ground pool, other sections of the documents could thwart your plans.

For example, many HOAs ban the construction of temporary structures. Some associations have construed such a ban to include above-ground pools because they can be relatively easy to demolish or relocate.

Despite what some salespeople might say, many cities and counties require homeowners to get a building permit before either an inground or above-ground pool can be installed. Most municipalities also require that the pool be surrounded by a fence or wall to prevent toddlers and others from wandering into the water and drowning.

There are some important insurance considerations, too. All pool owners should call their insurance agent to make sure they have the proper amount of liability coverage.

Those who have an above-ground pool may need additional protection to safeguard against other possible problems, such as a crack or hole in the pool’s side that leaks water and subsequently damages their own home or a neighboring property.

REAL ESTATE TRIVIA

About 10.4 million U.S. homes have a pool, according to the standard-setting Pool & Hot Tub Alliance. California has the largest number of above-ground pools, followed by Texas and Florida.

Q. If I buy a home, would I be legally required to make a good-faith deposit on the property?

A. No, buyers aren’t legally obligated to make a good-faith deposit — sometimes called an earnest-money deposit — when they purchase a home.

Realistically, though, most sellers are wary of a buyer who doesn’t offer a deposit because it could suggest that the buyer isn’t very serious about completing the transaction.

A seller can usually keep a good-faith deposit if the buyer cancels the sale without providing a legitimate reason, such as the inability to obtain satisfactory financing.

But if the buyer cancels and no deposit was made, the seller would have little choice but to either put the property back on the market or sue for breach of the sales contract — either of which will take more time and possibly a lot of money.

Q. My mother is 83 years old and is having trouble moving about, but she is adamant that she stay in the home that she shared with my father (now deceased) for nearly 40 years, even though she now lives there alone. I have installed grab bars throughout the home and made other changes to make it easier for her to get around, but she still needs some light medical attention every week or so. If I hire a part-time nurse to visit her home once a week, would the federal Medicare program pay for it?

A. Probably not. Though countless surveys have found that older people would rather stay in their own homes as they age, the federal Medicare plan generally pays only for nursing-home services rather than inhome help.

Even states that want to use part of their federal Medicare funds to help pay for in-home services must first seek a federal waiver, an arduous task that makes providing in-home care even more difficult to arrange.

Your best choice now would be to contact the helpful folks at Eldercare Locator, a federal agency that connects older people and their loved ones with groups that can provide caregiving help and other services in your mother’s area.

Visit eldercare.acl.gov for details, or call the agency at 800-677-1116 during normal business hours.

Send questions to David Myers, P.O. Box 4405, Culver City, CA 90231-2960, and we’ll try to respond in a future column.