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zoning

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tomyers

Junior Member
What is the name of your state? CO

I live in a single family house. My HOA has applied, without any home owners permission, to apply for a zoning variance. Can they do this? On the application their is a signature for property owner, signed by the mgt Co for the HOA. Is this fraud? What can I do about this except just disputing the zoning change?

Where can I find any laws about this?
 


FlyingRon

Senior Member
I'd start by calling the county (or whoever the planning agency is) that the variance is applied for. For what property did they apply for the variance? A variance to do what? A variance is some specific exception to the zoning. An application for rezoning on the other hand is differnt. What do your HOA docs say about the power of the board (or membership) to make these applications.
 

tomyers

Junior Member
Thanks

The hoa wants to change the fence from a 6' to 9' for 30 home out of 210, they asked the 30 homeowners and we opposed it. the hoa then took it upon themself to apply for the variance and on the application , for address the put the entire community. The hoa never notified the other 180 homes. They signed the application where it says property owner as HOA. The bylaws don't say anything about being able to sign on behalf of private property owners.

What makes us up set is that a variance is to get around a zoning when applying for a building permit. If we allow them to sign for a variance then we feel that they will apply for a building permit on our houses?
 

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