Disabled veteran sued by HOA over rehabilitation pool

Published On: Dec 06 2013 10:17:05 PM CST
Updated On: Dec 06 2013 11:45:27 PM CST

Dec. 6, 2013: A disabled Vietnam Veteran has been forced by his Homeowner's Association to stop backyard construction on a therapeutic indoor pool, court records show. Phillip Mena reports.

Fulshear, Texas -

A disabled Vietnam Veteran has been forced by his Homeowner's Association to stop backyard construction on a therapeutic indoor pool, court records show.

According to documents filed in Fort Bend County, the Fulbrook HOA in Fulshear was granted a temporary injunction against any further construction. 

It claims Chris Andrus, a former Marine, has had nearly two years to complete the project and didn't receive approval to build a mechanical room and bathroom attached to the pool house.

However, 65-year-old Andrus claims he's only been building the indoor pool for less than a year and a recent stroke has prevented him from completing it.  Andrus said he'd intended to use the pool for therapy. 

The former Marine said he also suffers from several other health issues including diabetes, the onset of Parkinson's disease and neuropathy, which will soon confine him to a wheelchair.

"I wanted to finish what I started," Andrus said.  "The closest place I can go is back down to the VA.  There are swimming pools that are closer than that but they don't have the ability to pick me up and put me into the pool and get me out.  So having this at the house, made it so much easier."

The court filings also claim Andrus has failed to clean up building materials around his home despite repeated warnings.

"I've told them from day one that I was a disabled veteran and I'm doing the best I can do," Andrus said. "So here I am, a disabled marine and not able to use my facilities out in the back."

Andrus estimates he's spent more than $150,000 on the uncompleted project.  He's also facing a $200 a day fine for HOA non-compliance.

An attorney representing the Fulbrook Homeowner's Association declined to comment for this story citing pending litigation. 

The two sides are expected to appear in court Monday.  Andrus, however, says he doesn't have an attorney and will be forced to represent himself.

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