booster wrote:
I know you won't agree, but unless the HOA rules are written, or the exception is written, to say it can be revoked at any time, they would probably have a hard time enforcing a change to it. Variances can be for use, also, so they aren't all attached to the ground permanently.
You're right, I don't agree. First, the HOA rules ARE written. They are signed and agreed to at time of purchase. Because of that, it can difficult to change them - requiring a vote, etc. by the board at least. It all depends on how the rest of the rules regarding making changes to thee rules were written (some are conveniently very easy for the board to make changes, not so easy for non-board member residents). Your statement above says that UNLESS it is in writing, it will be difficult to enforce a change - if it isn't in writing then there is nothing to enforce or change.
As for the exception, even with it in writing, the board can revoke it because they have determined that the roadtrek DOES meet the definition of an RV and therefore is not allowed. At that point, the OP will either give in and move the RV or face a lawsuit to fight that the exception cannot be revoked. And there we are at someone suing over this (whether it's the OP suing the HOA or the HOA suing the OP).
And yes, there are variances for right of ways, etc., but they are very very carefully written to protect both sides. An exception to let the OP park the roadtrek in the driveway is not going to be written that carefully - most likely it will not be written at all because the board is not going to be willing to put it in writing and face repercussions if someone else decides to complain about it or also wants an exception for their B+, etc. And when the OP insists that his attorney right up the exception, the HOA is going to immediately decide that the exception cannot be granted.
