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Does and HOA have to treat all members equal??

Posted on : 12-03-2009 | By : askinglaw | In : Homeowners Association, Real Estate Law

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Our HOA deed restrictions include a variance that can be granted if approved by the architectural control committee. Is it leagal for the HOA to grant a variance to one homeowner but not another under the same conditions? To be specific, we were denied a variance to have two horses on a 3 acre lot but our neighbors down the street in the same section have approval for two horses on a three acre lot. Both Our neighbors to either side have horses and we back to a large ranch. Do we have any legal recourse?

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