ABA Family Legal Guide

Home Ownership

Shared Ownership: Condos and Condominiums

Handling Problems

Can an owner obtain a variance from the association rules?

Under the rules of most community associations, you cannot make changes to the exterior of your home without the consent of the board. Normally, the board delegates the review of plans to an architectural control committee, which sets standards and uses them to rule on whether you can add a skylight or put on a screen door. As a homeowner, you submit your plans to the committee and cross your fingers. Be aware, though, that courts have found that covenant committees do not have the authority to approve major violations of the restrictive covenants.

If the board denies your request, you will either have to change your plans or steel yourself for a major battle. One New Jersey homeowner sued his association after its board denied him permission to build a deck. The case was in and out of court for years, with neither side willing to budge.