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MikeR (Utah)
Posts: 68
Posted:
A month ago I asked one of the Board Members if I could remove one of the bushes in my front yard and he told me I could. To be safe I later decided to submit a maintenance request. Today I received an email telling me that I need to fill out and submit to the Board a Variance Request. In my HOA people remove and replace bushes on a daily bases. Most never get approval to do it. My question is would replacing a bush with another different bush be considered a Variance when the community is full of changes. I thought that a Variance is something that is requested that is totally different than anything in the neighborhood. Example, If I wanted to put in a brown wood fence, when the neighborhood is all white vinyl.

Does this make since?
SheliaH (Indiana)
Posts: 6,964
Posted:
How do you know no one else got approval to remove their bushes or not? You may be right that others have done this before and now the board sees things have gotten out of hand and are trying to rein it in.

In any case, let's try not to blindly follow everyone else into the sea like a lemming - it was a good idea to submit a formal request instead of saying "well, I asked Board Member X and he said it was ok." What would you have done if he denied talking to you and there were no witnesses?

Fill out the variance request and ask your questions there - hopefully, you'll be able to replace it as you ask.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
MikeR (Utah)
Posts: 68
Posted:
To answer your first question one of the board members told me that he took all the buses out and totally replaced everything with out permission. This wasn't my question. I want to know if this is considered a Variance. I think a Variance is more complex than just replacing an old bush. Isn't it
KerryL1 (California)
Posts: 14,550
Posted:
In our CC&Rs, Mike, "variance" isa defined. Is it defined in yours ? And, if so, what does the definition say?
DouglasK1 (Florida)
Posts: 2,046
Posted:
I would think a "Variance" would be a request for something that isn't allowed under architectural guidelines or rules. If your rules require 20 bushes and you want to remove some and only leave 10, that would require a variance. If your CCRs require 20 bushes, then I don't think the board would even be allowed to grant a variance.

It's also possible that your association is using the term "variance" to refer to what most associations would call an ARC request. ARC requests are often required even if the change appears to meet rules/guidelines so that the ARC can review and make that determination.

Escaped former treasurer and director of a self managed association.
JohnC46 (South Carolina)
Posts: 14,265
Posted:
Mike

I would say replacing an existing bush with an identical type bush in not a variance. Replacing it with a different )including species different) bush or no bush is a variance.
TimB4 (Tennessee)
Posts: 21,059
Posted:
Per Merriam Webster:

Simple Definition of variance

: an amount of difference or change

law : an official decision or document that allows someone to do something that is not usually allowed by the rules

SheliaH (Indiana)
Posts: 6,964
Posted:
This reminds me of another conversation on this site asking about the difference between “hard” vs. “soft liens. I’d never heard the term, but it occurred to me a “hard lien” might be another way to describe a lien placed against an asset that could be sold to pay it off (e.g. a house) if the debt remained unpaid.

I’m thinking Douglas is right – this HOA simply uses “variance “instead of exterior change request or architectural change request (my community’s term). We haven’t heard from Mike, so perhaps that’s what it was.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius

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