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By CondoAssociation.com • May 13, 2019

Does California HOA need variance for old fence?

Developer (14 years ago) failed to apply for fence variance from 6' to 8' even though the conditions of development stated that it needed to be done before project completion. Since building and safety 'signed' project completion status, does the Association Board need to go through the variance process, paying for new permit and variance? I am the board president and I do not want to pay for anything that the developer 'should have done' . The fence was built as drawn on the approved plans at 8' feet tall, 6 feet block wall with 2' wood lattice atop it. 

This is the tentative tract map verbiage:
"Additionally, a two foot height lattice addition shall be placed on top of the easterly property line wall. ,,,,(The applicant is here advised that the Department of Building and Safety may require a Zoning Administrator's Adjustment entitlement in order to permit this additional fence height.)  Sherman Oaks California

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