Q: Is there something I can do to help get a variance from my HOA Board that says no variances for anything?
I am trying to get a variance on covenants that were written in 1969. I live in an equine subdivision and want to have 4H projects and chickens, but would need a variance to permit this. The board says no Variances period. However the Chairman of the board has established a commercial business out of his home providing wireless high speed internet that he is selling to the community. In order to do this he would have needed a variance, as running a commercial business out of your home is not permitted in the covenants. What can I do?
A: If the HOA has refused the variance, the only option is litigation. This will be an uphill battle, but you can reasonably claim discrimination via unreasonable/inconsistent application of the variance procedures. Contact a real estate attorney (this is not the type of case that a pro se party is equipped to handle).
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