Real Estate Law
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Until the developer turns over control to the HOA, he has sole and exclusive control over the development and is the sole decisionmaker. So he can waive the rules for a homeowner if he chooses to do so.
But the smart homeowner will get it in writing so they have that as an insurance policy in the event the HOA cries foul later tries to enforce what might technically be a violation of the written CCRs.
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