Universal Variances

When a variance changes a rule for an entire class of properties, it begins to function like an amendment.

A variance normally grants relief from an existing requirement for a particular property and a particular set of circumstances. A universal variance does something different. It creates a standing exception for a class of properties, and sometimes for the entire community.

That distinction matters because TGR's governing documents provide one process for granting a variance and another process for changing the recorded rules.

What the Governing Documents Say

CCR Section 4.6 authorizes written variances when circumstances such as lot configuration, topography, hardship, aesthetics, or environmental considerations justify relief. The same section limits a variance to the particular property and the particular provisions covered by it.

The Bylaws also limit the Board's variance authority to what the Declaration and applicable law permit. They separately state that the Board may not act on behalf of the Association to amend the Declaration.

Read together, those provisions allow property-specific relief. They do not create a separate process for changing a recorded restriction for an entire class of owners.

Variances and Amendments Serve Different Purposes

The label placed on a document does not determine what it accomplishes. If a so-called variance gives every owner in a defined class a continuing right to do what the recorded rule otherwise prohibits, the practical effect is a change to the rule itself.

A community-wide change may be sensible and popular. That does not eliminate the amendment process. Owner approval and recording protect the durability of the new rule and preserve the voting rights contained in the governing documents.

Treat Existing Reliance Fairly

Owners who received approval under an existing universal variance should be treated fairly. The Association should preserve the approval records, identify affected properties, and address completed improvements and reliance individually.

That corrective question is separate from the prospective governance question. Past reliance does not create authority to continue changing recorded rules through a class-wide variance.

Use the Correct Process

• For property-specific relief, use the variance process and document the property, provision, reason, and approval.

• For a community-wide or class-wide change, use the amendment process and obtain the required owner approval.

The principle is straightforward: variances create exceptions for particular properties; amendments change the rules. Following the correct process protects owners on both sides of the issue and produces a result that will survive changes in the people serving on the Board or ARC.