Variances
In Planned Communities, ours is a POA, can Variances be granted if not specifically stated as allowed in our Governing Documents? Not AAC issues because we don’t have that. Things allowed by our County, but not by our CC&R’s such as; Improvement Setbacks, Clearing Land, Allowed Animals, Living in RV, Fencing, and second hand businesses.
Does the board have to vote on granting variances or can the President or Management Company just issue?
What is the recourse if some Variances were granted under the above conditions?
Thank you in advance,
Cindy Smith
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Cindy;
Under case and common law for these communities, the board has enforcement discretion that is reasonable as long as that discretion is applied fairly across the community. Enforcement discretion is a board power, not an individual board member, especially a community manager. If the board as a body has granted the discretion the community manager is free to apply that ruling across the community.
Dennis
Thank you for the precise reply!
What can be done when Board Enforcement and Variances are not being applied fairly?
Cindy
Cindy,
Unfortunately the only recourse any homeowner has to force the association comply with the law is litigation in either Superior Court of through the ADRE dispurte resolution process with ALJ’s.
Dennis