Question:
When the HOA board hears an appeal are they required to adhere to the bylaws/ covenants / guidelines or can they approve a request that goes against the bylaws/covenants/guidelines?
– Todd
Answer:
Hi Todd,
While there may be special cases, such as to accommodate a disability under ADA laws, it is generally not advisable to go against your HOA’s governing documents. That would be tantamount to selective enforcement and may render the rules unenforceable. Of course, if the rule is obsolete or in conflict with the law, the board should take the necessary steps to amend it. When in doubt, consult a lawyer.
Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.
