![]() I suppose you could obtain a written agreement from all the homeowners not to object. You have stated it correctly- any homeowner can choose to enforce the covenants. And apparently the homeowners like it that way, because they all agreed to it. ![]() ![]() There is no board and there is no architectural review board. If there is no provision for an exception to the rules there IS no procedure. I just can't find any mention of how the variance approval process would work after the developer has left. In my research, I've read that our covenants are still enforceable by the other homeowners via the legal system now that the developer is gone. All we have now are the covenants in place saying 8 x 8 feet and submit to the developer for a variance, but he's no longer here and we have no HOA. In a lot of neighborhoods, you'd submit a request like this to the HOA's Architectural Review Board or the Developer. How would a homeowner seek approval to erect a 10 x 12 shed? Some communities have restrictive covenants but no HOA. For a neighborhood that has Restrictive Covenants in place (they're registered at closing), but no active HOA or any kind of neighborhood leadership after the developer closed on the last lots, how would a homeowner go about requesting a variance to the Covenants?Īs an example, the covenants might stipulate that a utility shed can be built in the backyard, but it cannot be larger than 8 x 8 feet. HOAs cant engage in selective enforcement practices or adding restrictions after the fact.
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