A northland family who installed a swimming pool in their backyard last summer may soon be drowning in court fees and repair costs following a lawsuit from their own HOA.
Emilie Gaudin has lived in Auburndale Estates in KCMO with her family since 2008. At first they were happy using the community pool they help pay for with their Home Owners Association dues.
But several times, Gaudin says she witnessed inappropriate conversations in front of her kids.
"We've had a group of men who've been up at our pool that are vulgar, obscene, they talk about sexual things they want to do to small children that are there," she said.
Gaudin says her requests to have the men removed weren't addressed. Therefore she and her husband decided to build their own backyard pool so their children could swim in private.
Although their HOA covenant doesn't allow above ground swimming pools, Gaudin says they got verbal approval from an HOA board member and didn't think twice about it.
Gaudin also said another neighbor already had a pool installed in their backyard years ago while dozens of other HOA covenant violations had been persistent for several years without consequence.
However Gaudin says the day her pool was finished, HOA members were at her doorstep demanding for it to be taken down.
"They do not have the right to make us remove this pool. They are praying that the judge grants them this injunction to force us to remove it, pay for all the removal, and all of their legal costs and all of their attorney fees. Just for putting in a pool to protect our kids," she said.
The HOA won't allow above ground swimming pools because they believe it could hurt property value.
Gaudin believes the covenant rules are too vague and inconsistent.
"Especially when I stand on my back deck, stand in my yard, and see the exact same violation that has been allowed to happen," Gaudin said regarding the neighboring above ground swimming pool seen from her backyard.
Gaudin's pool also sits 3 feet below ground (approximately 2-3 ft above) and cannot be seen by any traffic running alongside her home.
The HOA president declined 41 Action News' request for an interview, as did the HOA's attorney, who said the petition speaks for itself.
The Gaudin's will first appear in court vs. the HOA January 14 at Clay County.
-------
Josh Helmuth can be reached at josh.helmuth@kshb.com.
