Exceptions and Varianances

Started by DeeS1 • 3 replies • 1337 views

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DeeS1 (Michigan)
Posts: 223

Posted:

I'm wondering how other communities handle exceptions and/or variances to rules in their community. For example, say we have a playstructure ARC Rule and Regulartion (not bylaw) that says all slides must be green. If a particular homeowner has a south facing home and wants to install a playstructure with a yellow slide because a green slide would be too hot, is it possible for the BOD to approve such a request?

While the request seems valid and not at all offensive (and personally, I feel the rule is silly), my feeling is that the BOD could not approve such an alt/mod without first voting to amend the rule. Is this correct? Otherwise, it would appear that any HO with a "sound rationale" would have reason to request exceptions.

DanielH1 (California)
Posts: 482

Posted:

Generally, a BOD cannot constrain itself (or future BODs) by a rule. A new vote by a BOD implicitly amends or revokes any previously passed conflicting vote.

Homeowners should be allowed to request exceptions, for whatever reason or no reason. The request can be approved or rejected by the BOD. There isn't any reason to prevent people from making requests.

SteveM9 (Massachusetts)
Posts: 3,699

Posted:

Quote:

all slides must be green

LOL. Thats one of the funniest rules I've heard yet.

DeeS1 (Michigan)
Posts: 223

Posted:

Agreed ... this little gem comes to us from the developer ... supposedly this makes the giant, colossal playscape "blend" better with the natural environment ... and they get better

.... didn't make them, just trying to figure out how to work with them.

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