Question about variance for HoA

I looked at property (vacant land) last week that looked beautiful. The property is in a community that has an HOA with some CC&Rs. I have never lived in such a community bound by covenants, so I had a few questions.

1) The developer has only sold 2 parcels out of 20 in the development in over 8 years. The CCRs require a minimum 1400 sq. ft. dwelling to be built, way larger than I am looking for. I am wondering if it would make sense for me to try to get a variance from the CCRs written into my P&S if I make an offer. I figure the developer and HOA might be motivated to do that if it would help a sale along. Is this possible, advisable, or even legal?

2) The CCRs have language that provides for HOA governance of basically everything you do to the outside of your property, including landscaping, etc. I'm wondering how much of the minutiae that HOAs typically get into when looking at changes in that regard. For example if I were to put in a 8'x4' vegetable garden out of view of any neighbors and the main road, would they HOA typically care? If I cut some brush to free up open space would they HOA care?

I get that the CCRs exist to maintain the character of the community (I've seen other communities without CCRs that have random trashed out automobiles parked everywhere, half broken trailers, etc). But I am worried that a 'clique' of HOA directors could prevent me from making very reasonable beautifying improvements to my property if they don't like them or don't like me for whatever reason.

With 20 acres, the PITA from a HOA is probably not worth it. People buy large lots to do what they want

Covenants = Contract

plan to either:

adhere to terms set forth

or

do NOT buy

ps. not everyone is a good match with HOA life

I don't think your HOA material for this purchase. Honestly, your hurting yourself with the variance and wanting to build a smaller house. A HOA does NOT keep or maintain home values. Home values are based on real numbers. Those are what homes of similar size and features sell for in a few mile radius. This is to include foreclosures in the last 6 months.

By you not building a 1400 square foot home with your neighbors/fellow members, your hurting your home value. Plus maybe theirs. The developer will probably not go for a smaller home knowing this. It's why they instituted the standard in the first place. A 1400 foot home selling for $200K and you want to sell yours a $200K less than 1400 foot home ain't going to happen. Your neighbors most likely won't be happy as you will have to price your house for less.

Joey,

I own a 40-acre rural parcel with virtually no restrictions on what I may do. We have an HOA but its primary purpose is to maintain our roads. In the few instances where one owner complains about another's use of his land, the HOA almost always refers the complaining party to the county zoning office. Yes, we have some trashed-out parcels but they are few in number and hard to see from the road.

With that in mind I cannot fathom why anyone would even think about buying into a development of large lots with a bunch of restrictions. The threat of vindictive board members is always present in any HOA and the CC&R's you describe just gives them license to make your life miserable.

One of the other lessons I have learned from this forum is that buying into an unfinished development is extremely risky. The developer is not having much success if he has sold only 2 of 20 lots in 8 years. At that rate it will take another 72 years to sell the remaining 18 lots. What happens to this project if the developer dies tomorrow? Or files for bankruptcy? Or just sells out to another developer who does not share the same vision?

Bottom line: Forget this one and look elsewhere.