[GA] [SFH] CC&R Variance Request Due to permanent disability
I live in a 90-home subdivision on the far edge of Metro Atlanta. I recently submitted a formal variance request to our management company (Silverleaf) and the HOA Board to allow me to keep my trash and recycling cans at the edge of my driveway next to the garage.
The CC&Rs say garbage cans must be concealed from view from the street or neighboring properties. In reality, this rule is barely enforced — plenty of neighbors keep their cans at the corner of their driveways or in unfenced backyards with no issue. For the last 6 months I’ve been doing the same (cans at the corner of the garage on the paved area) because I have a mobility disability that requires a wheelchair for anything more than very short distances. Getting the cans through my fenced backyard is extremely difficult for me.
We now have a new management company, so I want to get ahead of this and do it the right way. From what I’ve researched, I should qualify for a reasonable accommodation under the Fair Housing Act given my permanent handicap tag and mobility limitations. My request is very specific: I’m only asking to keep the cans at the edge of the paved driveway area next to the garage.
Here’s where I’m looking for advice:
The board is currently run by two women who live in the neighborhood. If you’re in the “in crowd,” violations seem to get ignored. Both of their homes have multiple ongoing violations that never get addressed, while the rest of us are expected to comply. We’ve gone nearly 18 months without an official Association meeting, and there are vacant seats on the board.
What kind of fight am I realistically in for here? Has anyone dealt with a similar situation (disability-related variance for something minor like trash can placement) and had the board push back hard? Any tips on how to handle this? I plan on sending my request via Certified mail and thru the Managment Portal
Thanks in advance.