How should our HOA board decide an owner's variance request?

By OurHOA · General information · Revised October 20, 2026

How an HOA board or architectural committee decides an owner's variance request: checking its authority, a four-question test, conditions, written findings and precedent.

Part of the HOA board handbook: running the board.

The short answer

Grant a variance only when the board has the power to grant one, the owner's problem comes from something unusual about the lot rather than a preference, the relief asked for is the least that solves it, and the neighbors and the look of the street are not harmed. Write those findings into the minutes, attach conditions, and keep a copy in the lot file. If you can't write the findings honestly, deny the request and explain what change to the plan would get it approved. A variance granted because the owner is pleasant or persistent becomes the exhibit in the next owner's selective enforcement defense.

Confirm the board can grant one at all

Open the declaration and the architectural guidelines before the meeting. Many declarations say the board or committee may grant variances from the design standards in specific cases; some say how, and a few forbid them for named items such as setbacks or minimum square footage. If the declaration sets a hard rule, such as a fence height recorded in the covenants, the board usually cannot waive it by vote, and the owner's real path is an amendment. Florida limits architectural authority to what the governing documents specifically state or reasonably infer (Fla. Stat. 720.3035(1)), and section 720.3035(2) says the association cannot stop an owner from choosing among options the declaration itself provides. That second point matters: if the guidelines already allow a choice, the owner is not asking for a variance and the board should simply approve. Also check who decides. If a committee handles architectural requests, the variance usually goes to it first, with the board hearing appeals.

Sort out requests that are really rights

Some requests look like variances but are legal rights the board cannot treat as favors. Under the federal Fair Housing Act, refusing a reasonable accommodation in rules, policies or practices that a person with a disability needs to use and enjoy their home is discrimination (42 U.S.C. 3604(f)(3)(B)). A ramp that crosses a setback line or a fence for an owner's service animal belongs in that process, with its own records and its own questions, not in the variance test below. Many states also protect solar panels, flags and certain other items by statute, and the association may only set the conditions those laws allow. Ask the attorney when an owner's letter mentions a disability, a medical need or a specific statute. Getting that wrong costs far more than a misjudged shed.

A four-question test

Use the same questions every time, in the same order, and record the answers. One: is there a condition unique to this lot, such as an odd shape, a steep grade, a drainage easement, a utility box or a mature tree, that makes the standard unusually hard to meet? Two: did the owner create the problem? An owner who poured a patio without approval and now needs a variance for it is in a weaker position than one whose lot slopes six feet toward the street. Three: is the relief the minimum that works? If the owner asks for an eight-foot fence and six and a half feet solves the grade problem, approve six and a half. Four: will neighbors or the street see a real harm, such as blocked views, drainage onto the next lot or a look that clashes with the rest of the block? Invite the adjoining owners to comment in writing before the vote. When the answers are yes, no, yes and no, the request is a good candidate. Mixed answers usually mean a conditional approval or a counteroffer.

Write findings that limit the precedent

Precedent is the board's biggest worry, and the cure is in the wording. Tie the approval to the facts of this lot so the next owner cannot point to it unless they have the same facts. A sample motion: 'I move that the board grant Lot 22 a variance from Guideline 4.2 to allow a fence of up to 6.5 feet along the rear lot line, based on these findings: the rear yard drops 4 feet below the adjoining lot, the condition was not created by the owner, the added height is the least needed to provide the screening the guideline intends, and the adjoining owners were notified and raised no objection. The variance applies only to this fence at this location, is conditioned on the materials and color shown in the application dated [date], and does not change Guideline 4.2 for any other lot.' Then file a copy with the application. If the board finds itself granting the same variance three times, that is a signal to amend the guideline instead.

What Texas, Florida and Colorado add

In Texas, a court presumes the association's exercise of discretionary authority under a restrictive covenant is reasonable unless it was arbitrary, capricious or discriminatory (Prop. Code 202.004(a)). Written findings and a consistent test are how a board shows it was none of those. For associations with more than 40 lots, section 209.00505 requires a denial notice by certified mail, hand delivery or electronic delivery that describes the basis in reasonable detail, lists any changes that would lead to approval, and tells the owner they may request a hearing within 30 days. The board must hold that hearing within 30 days of the request, give at least 10 days' notice, and may affirm, modify or reverse the decision. Florida's section 720.3035(1) also requires architectural standards to be applied consistently across the community. Colorado imposes an obligation of good faith on every duty under its common interest ownership act (C.R.S. 38-33.3-113) and requires written procedures for adopting policies (38-33.3-209.5(1)(b)(VII)); a short written variance procedure fits there. Rules vary by state and by each community's documents, and this guide is general education, not legal advice.

A sample timeline and the mistakes to avoid

Day 0: the written request arrives with a site plan, photos and the exact guideline the owner wants relief from. Day 3: the committee acknowledges it and sends a short notice to adjoining owners with a 14-day comment window. Day 21: the committee or board considers it at a noticed meeting, applies the four questions and votes. Day 25: the written decision goes out, with findings and conditions if approved, or reasons and changes needed if denied. Keep the whole file. The common mistakes: deciding by email with no findings, granting a variance to a director or a friend without an outside opinion, approving with conditions nobody checks after construction, and forgetting that a new buyer will inherit the improvement and should see the approval in the resale documents. Our guide for owners on how to request a variance or exception from an HOA rule shows what a complete application looks like, and our guide on setting up an HOA architectural review committee covers who should be making these calls.

Sources

These guides are general education for HOA boards and residents, not legal, tax, or financial advice. Rules vary by state and by your community's governing documents - check with a professional for your situation.

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