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Waller v. Golden

Laches barred the plaintiffs' action seeking an injunction to force their neighbors to remove a swimming pool, which the defendants had constructed in the side yard of their own property, against their residential subdivision's restrictive covenants, but with the homeowners association's architectural review board's approval.

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Craig and Jena Golden’s neighbors, the “Wallers,”1 appeal from a Superior Court of Henry County order denying their request for an injunction to force the Goldens to remove a swimming pool that the Goldens had constructed in the side yard of their own property. For the reasons that follow, we affirm. The record reveals that the Goldens reside in the Eagles Landing Country Club community “Eagles Landing” in McDonough, Georgia. Eagles Landing is governed by restrictive covenants, one of which limits the construction of swimming pools to areas behind residential units. Prior to August 2009, the Goldens submitted a proposal to the Architectural Review Board ARB of the Eagles Landing Homeowners Association HOA to build a swimming pool in their side yard. Although the proposed plan was not in compliance with the Eagles Landing restrictive covenants, it was approved on August 7, 2009, because neither the Goldens nor the ARB were aware of the restriction. The Goldens signed a contract with a builder for the construction of the pool and made a $1,975 payment upon the execution of the contract. The construction was projected to be completed in sixty days at a cost of $39,500.

On August 11, construction equipment arrived at the Goldens’ property. At this time, at least one of the neighbors involved in the current appeal knew that a pool was to be constructed. On August 16, one neighbor voiced her objection to the pool’s location to the Goldens, saying, “Oh my gosh, you can’t do that.” After other concerned neighbors began to realize a pool in a side yard was being built, they started lodging complaints with the HOA. On August 20, the Goldens made a $2,089 payment on pool construction-related expenses.

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