Variance
An authorized exception to a rule, restriction, or architectural standard granted by the board or architectural committee. Variances are typically granted when strict application of a rule would cause undue hardship or when there are unique circumstances that justify an exception. Granting variances too broadly can undermine enforcement and expose the association to selective enforcement claims.
Example in Context
The board granted a variance allowing the homeowner to install a slightly taller fence because their lot sat at a lower elevation, making the standard height insufficient for privacy.
Common Misunderstanding
A variance is not a permanent rule change — it is a one-time exception for a specific situation. Other homeowners cannot automatically claim the same exception.
Frequently Asked Questions
Can I get a variance from my HOA for a rule I cannot comply with?
You can request a variance by applying to the board or architectural committee and explaining why strict compliance would cause undue hardship or why your circumstances are unique. However, variances are discretionary — the board is not required to grant them. If granted, the variance typically applies only to your specific situation and does not change the rule for the community.