Variance

A variance is a formal exception granted by the ARC or the board that allows a homeowner to deviate from a standard set in the governing documents or architectural guidelines. Variances are appropriate when strict application of a rule would cause undue hardship, when a unique property feature makes compliance impossible, or when circumstances have changed since the rule was written. Variances should be documented in writing, may attach conditions, and typically apply only to the specific property and improvement approved — they do not set a precedent binding on future applications. Boards should be cautious about selective variance grants, as inconsistent application of rules is a common basis for discrimination and selective-enforcement claims.

Variances are powerful but risky governance tools. Used appropriately, they provide flexibility. Used carelessly or inconsistently, they expose the HOA to legal challenge and undermine the rule system.