Architectural Variance with contingent requirement? ?

Inherited Board President when former Pres sold home. Only 2 months into it and having major issue with submission of plans for new home on a lot.

We have northwest craftsman style homes and 12 lots with 11 owners (Two lots currently being constructed as speck houses and both owned by a builder.)

The board has determined the proposed home does not meet CC&Rs...flat roofs on a very modern stacked leggo style home with lots of glass and a suspended glass enclosed section overhanging the driveway. There are no such homes in our HOA nor any among the over 100 homes that can be seen on the hills and slopes within sight of the HOA lots. A lovely home in another setting. The height of the new home is partially blocking the view of a home behind it (under construction...not a spec home). Early talks were that the homeowners assoc would consider allowing the new home even though it's style was not compatible. Realtors advised us there was demand for something different in the area and that it might help property values of other homes. Obviously, there was much discussion about the pros and cons for all of us.

We do not have really strong CC&R wording on height: "appropriateness of their location with respect to topography and finished ground elevation." Our strong point is "conformity and harmony of external design with existing structures". The plans are radically different and we have determined they are against the CC&Rs based on that criteria. We have said we will entertain a submission of a request for a variance on roof style and design. We want to make approval contingent on also having the house go down in height to protect the existing home close to completion. Moving down will require further excavation and cost. Other homeowners have had to reposition and lower their homes from first plan submissins at cost to them.

Question...can we ask for variance approval to be contingent on lowering the house? with only 11 owners it is easy to consult and get consensus about this decision. We just don't know the answer to that question.....

Your variance should be an actual amendment to the CC&Rs.

Tim, The developer, I am assuming, was the Declarant. He is out of the picture...way out in fact. The development phase is over and the lot owners have assumed the operation of the association. Our governing document states: "No waiver of any provision of the Declaration or the Bylaws, rules, or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed pursuant to authority contained in a resolution of the Board." This wording is in two sections of the document. The Board can enact a waiver (I mistakenly called it a variance).

What we want to do is make it contingent on lowering the height. We don't think we have strong enough CC&R wording to control height. It is somewhat of a trade-off. We will agree to a waiver only if the roof elevation is lowered. Can we bargain?

S

Sherry

My first blush is you should not be bargaining but holding the builder to aesthetic fit (meaning looks like the others) versus height.

You all are caving in based on what some real estate agent believes is the up and coming thing. Seems you have only a few lots to build on before the neighborhood is complete so why cave in now?

If the neighbors were aware of he one off styling, would they agree?