Inspection of Waivers and Variances in Wisconsin

Question:

Our association just got the HOA from the developer a year ago. Most of the homes were already built and landscaping and driveways installed. Concrete slabs to the side of garages are not acceptable as part of the covenants. However there are about 10 homes that have them already. If the new Review Board issues variances or waivers to this violation, are the other home owners entitled to know who was issued waivers/variances so that we know that home owners are in compliance? i feel like this should be made public so we know if there is any selective enforcement

– Lisa

 

Answer:

Hi Lisa,

Waivers and variances don’t fall under the list of records members are entitled to inspect. However, you can try to ask the board for a copy of the waivers/variances if the request is made in good faith and for a proper purpose, if you describe with reasonable particularity the purpose and the records you desire to inspect, and if the records are directly connected with this purpose. For further guidance, it is best to seek an attorney.

Disclaimer: We are not lawyers. The information provided on this website does not constitute legal advice.

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