MOUNT CLEMENS (WXYZ) - "I just don't think they should be able to trespass and steal a disabled child's pool," said Heather Gray.
Gray's ten-year-old son, Gabriel, has Down Syndrome and his small above-ground pool is medically-advised for therapy. But a few weeks ago, several members of the North Rose Townhouse association had it removed, calling all pools a violation of their rules and regulations.
Gray was not home at the time the pool was taken. She says a letter was stuffed into her mailbox. The residents involved in the removal deny violating any laws by putting the notice in Gray's mailbox. They claim it was taped to her door.
A few doors down from the townhouse that Gray rents is a large above-ground pool with a slide that is allowed to remain. We're told it was "grandfathered" because it has been there for so long.
Board members are split on the issue of the boy's therapy pool. Some say they look the other way or have made exceptions in other cases where residents have installed sheds, playscapes and hot tubs.
Action News was able to reach Kent Bender who says he is also a board member for the association.
Bender says Gray's landlord was sent letters and given ample opportunity to get liability insurance for the small backyard therapy pool. Gray's landlord denies ever receiving any correspondence.
Bender believes they acted properly when they hired a contractor to go onto private property to have the pool removed.
Gray is hoping investigators with the Macomb County Sheriff's Department will look into what she believes is a case of trespassing and theft. So far, she says a deputy has told her that this is a civil matter.