How do we replace the fence and gates around our HOA pool?

By OurHOA · General information · Revised September 26, 2026

How an HOA board replaces the community pool fence and gates: Texas, Florida and Colorado barrier rules, gate hardware, permits, bids, and keeping the pool closed.

Part of the HOA board handbook: vendors, projects and upkeep.

The short answer

A pool fence is the one piece of common area whose whole job is to stop a small child who got away from a parent. CPSC reports that an average of 376 children under 15 drowned in pool or spa incidents each year from 2021 to 2023, and nearly 80 percent of them were under five. Confirm which code governs your pool before anyone prices it, write the gate and hardware specification yourself, schedule the work after the pool closes for the season, and keep the pool yard locked or temporarily fenced every night until the new enclosure passes final inspection. Plan on four to six months from start to finish. Barrier rules come from state law, local codes and your governing documents, and they vary. This guide is for planning, not legal advice.

Find out which rules govern your pool

Texas is the most direct. Health and Safety Code chapter 757 applies to any pool owned, controlled or maintained by a property owners association, and section 757.001(11) defines that term to cover subdivisions, condominiums, cooperatives and town home projects. The state pool rule, 25 TAC 265.192, adds two site rules: no planters, light poles or other structures within 36 inches outside the enclosure, and tree limbs trimmed so children cannot use them to climb over. Under 757.010(c) a city may keep a taller height requirement it had on January 1, 1994, and you will still need the city's permit, so call. In Florida, section 514.011 defines a public swimming pool to include pools serving subdivisions and cooperative living projects of five or more units, which covers most HOA and condo pools. Section 514.03(1) requires anyone who wants to construct, develop or modify a public pool to apply to the Department of Health before filing for a building permit. Ask your county health department in writing whether a fence replacement counts as a modification of your pool. The barrier specifications for public pools sit in section 454.1 of the Florida Building Code, Building volume, which the local building department enforces. The exemption in 514.0115(3) for associations of 32 or fewer units covers state supervision, not the building permit. In Colorado, the state pool regulation, 5 CCR 1003-5, defines a private pool as one built for single-family homes, condominiums or apartment houses and used only by residents and their guests, and exempts private pools. A resident-only HOA pool therefore answers to the city or county building code. Ask the building department which barrier code it has adopted. If it has nothing specific, build at least to the state rule's section 3.24 for public pools: fencing at least 60 inches high, self-closing and self-latching gates with the latch at least 54 inches up, and wrought iron pickets no more than 4 inches apart.

What the new enclosure has to meet, using Texas as the example

Chapter 757 is specific enough to turn straight into a bid specification. Under section 757.003, the enclosure must be at least 48 inches high, measured from the ground on the side away from the pool. A 4-inch sphere may not pass under it. Where the tops of the horizontal rails are at least 45 inches apart, a 4-inch sphere may not pass through it. Where they are closer, the limit drops to 1-3/4 inches, because close rails make a ladder. Diagonal members are banned below 49 inches. Gates are in section 757.004. Each gate needs a self-closing and self-latching device that works without human or electrical power, hardware that can be locked with a padlock or a key, card or combination lock, and a swing outward, away from the pool. The latch goes at least 60 inches above the ground. It can go lower only if it sits on the pool side of the gate at least 3 inches below the top and there is no opening larger than half an inch within 18 inches of the latch, including the gap between the gate and its latch post. A latch as low as 42 inches is allowed only when the gate cannot be opened on either side without a key, card or combination. That last rule catches fob systems. A reader on the outside and a free push bar on the inside does not qualify for the 42-inch option, so either raise the latch or specify locked hardware on both sides and ask the building official how that squares with exit rules for the pool yard. The chain link trap deserves its own warning. Section 757.003(f) bans chain link for any enclosure built after January 1, 1994. Section 757.005 lets an older chain link enclosure stay, but once you tear it out, the replacement is new. Do not accept a like-for-like quote.

Write the scope before you ask for prices

Hand every bidder the same package: a site plan with the fence line, gate locations and footage; the governing code and the numbers from the section above; the fence material, color and style; footing depth and post spacing; and the finished grade along the outside, because a raised flower bed or a new layer of mulch shortens a 48-inch fence. Add the gate hardware by name or by performance: self-closing hinges or a closer rated for the gate's weight, a self-latching lockable latch at the required height, and a note that the gate must close and latch from any open position. If the gate has a fob reader, say who disconnects and reconnects it. In Texas, 25 TAC 265.186(a) requires electrical work for the pool and the structures in the pool yard to be done by a licensed electrician. Include demolition, deck and plant bed repair, reinstalling the signs and emergency phone, permit fees, temporary fencing and a completion date tied to opening day. Ask for unit prices per linear foot and per gate, and a written warranty covering the gate hardware. Florida Statutes 720.3055 requires competitive bids above 10 percent of the total annual budget, including reserves, and Texas Property Code 209.0052(c) requires a bid process for service contracts over $50,000. Every post hole also needs a one-call locate. Our guide on how to replace an HOA perimeter fence or screening wall lists the notice periods for Texas, Florida and Colorado.

Keep the pool closed while the fence is down

The riskiest day is the one when the old fence is gone and the new one is half built. In Texas, 25 TAC 265.192(f) allows a pool gate to be propped open only while an agent, employee or contractor is present doing work that reasonably requires it. Nothing allows an open pool yard overnight. Schedule the work between closing day and early spring. Write into the contract that at the end of every workday the pool yard is fully enclosed, either by the old fence or by temporary fence panels at least 48 inches high, clamped together, with the temporary gate chained and locked. The pool lead walks and photographs the line each evening. The pool stays closed until final sign-off. If opening day slips, it slips.

Final inspection and the 31-day check

Before you pay the final invoice, test every gate yourself. Open it fully, let go, and watch it close and latch with no push, then repeat from halfway and from a few inches open. Measure the latch height and the gaps with a tape. Put the permit, the final inspection report, the hardware cut sheets and a drawing of the finished fence in the pool file. In Texas, maintenance is not optional. Section 757.009(c) requires the association to inspect the enclosure, the gates and the self-closing and self-latching devices at least once every 31 days, and 757.009(d) says that duty cannot be waived. Under 757.012, a court can impose a civil penalty of up to $5,000 if the association fails to comply within a reasonable time after a member's written notice. A monthly log line is enough: 'Date, inspector, each gate closes and latches from full open (yes or no), latch height checked, gaps checked, nothing climbable within 36 inches, repairs ordered.' Expect to adjust hinges and closers as posts settle.

The owner notice and a sample timeline

Sample wording: 'The board has approved replacing the fence and gates around the pool. Work starts [date] and should finish by [date], weather permitting. The pool area is closed and locked during construction. Report any open gate or missing panel to [name] at [phone] right away. The new fence meets [state or city] pool barrier rules and will be inspected before the pool opens on [date].' A timeline for a late-May opening: September, measure the fence and pull the original permit. October, call the building department and, in Florida, the health department, and write down what each requires. November, send the scope to at least three contractors with one joint site walk. December, compare bids and vote. January and February, permits and fabrication. March, install. April, final inspections and gate adjustments. Thirty days before opening, send the pool rules notice. Our guide on how to open an HOA pool for the season covers the rest of that checklist.

A sample motion

'Moved to approve the contract with [contractor] to replace the pool enclosure and [number] gates for $[amount] under the bid dated [date], plus a contingency of up to $[amount] at the unit prices in that bid, paid from the pool fence reserve, subject to permit approval. The pool will remain closed from the start of demolition until the new enclosure passes final inspection. [Director] is authorized to approve change orders within the contingency and will report each one at the next board meeting, and will confirm that every gate closes and latches before final payment.'

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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