Probably one of the most dreaded tasks of any HOA board member in Dallas or surrounding areas is having to notify a resident when their architectural change requests are rejected. No matter how flexible your board may be, there will be times when a resident requests approval for changes that fall outside covenant restrictions and your board will have to send them a rejection letter.
Since rejection is tough topic, there is a good chance the resident may try to contest the board’s decision with something called a variance – or a one-time exception made for their particular case.
Let’s talk about how to manage these situations effectively, and diffusing any possible tensions.
- Require the homeowner to fill out the formal variance request form often found in the CC&Rs.
- Know the law! Check with city and state laws and make sure that there aren’t any legal restrictions relating to the request. Also, check to make sure the HOA rule(s) aren’t in opposition to local law!
- Keep it formal and schedule an appeal hearing so the homeowner can come before the architectural review committee. Be willing to compromise, be prepared, and be kind! Remember nothing is black and white and your board will build better relationships with residents if you’re willing to work with them.
- Don’t grant variances casually. They shouldn’t be easy to get and should only be granted when it truly makes sense.
- If there are several people asking for the same variance and it is generally granted, it may be time to consider revising the CC&Rs.
- Be fair and keep track of past precedence. Your board is less likely to appear arbitrary in how variances are granted if everyone is treated with the same respect and professionalism.
- Provide both verbal and written approval/rejection of the variance and state the reasons behind the decision.
- Consider bringing in a third party community management company to help mediate and to ensure all the paper work and steps are handled properly.
At the end of the day the most important thing your board needs to keep in mind about granting or rejecting variances is compromise. In most cases situations aren’t black or white, and your board needs to be willing to work with residents to make sure things get done. If your board is struggling with a difficult decision or resident, call a reputable community management company. Their experience and knowledge is a valuable resource; take advantage of it!
