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If a Homeowners Association (HOA) approves a request for a special circumstance that is in violation of their covenants must the Building Department accept it?

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If a Homeowners Association (HOA) approves a request for a special circumstance that is in violation of their covenants must the Building Department accept it?

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No. HOA covenants are law. And unless legally modified, a HOA does not have the authority to override or circumvent the covenants of their subdivision. The Building Department cannot approve permits that are in violation of the law.

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