Olathe man says HOA is reversing course, placing him in a predicament

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OLATHE, Kan. -- An Olathe man says his homeowners association is forcing him to make an unfair decision after backtracking on something they’ve always permitted him to do. It all has to do with a car the man’s sick father-in-law uses, as he potentially prepares for yet another battle with cancer.

There are plenty of reason why Stuart Holland says he chose his home in the Avignon Villas community. Mainly, he felt it would be perfect knowing his household was about to go from two occupants to four.

“The whole set up was perfect for having our folks to come live here on this main level and we would have the lower level to stay in,” said Holland.

Five years ago, Holland and his wife made the decision for her parents to move in, after his father in law had his fourth cancer surgery. The family is bracing for the results of a biopsy he had Monday.

“They found a growth in his liver,” said Holland.

When Holland purchased the home in 2012, his real estate agent made him aware of a section in the HOA covenant prohibiting cars to be parked in driveways, or on the street. Knowing his in-law`s vehicle would make three-car, and the garage can only fit two, Holland was granted a four-year variance making his driveway an exception.

However, a letter he recent received states he`d no longer be getting that exception.

“The reason they gave in the letter they want to maintain the integrity of the community of the neighborhood,” said Holland.

He says no one elaborated on what that really means. Holland says he’s never had any indication that renewing the exception would be a problem. He says he would have never have purchased the house if he thought it would mean eventually having to give up one of the cars especially his father in law's car.

“For his dignity and his sake I’m not going to say, 'no, you can’t have your car,'” said Holland.

For Holland and his family, moving isn’t a likely option either.

“I can’t do that to them now,” said Holland. “We want them to have the best life that they can have until the end, and help them maintain their dignity.”

For now, the homeowners association has given him until January to be compliance or face fines. Until then, the church deacon, and dutiful son-in-law just hopes the HOA will reconsider.

Avignon Villas HOA board released the following statement in response:

“This is a matter between the board and homeowner and we respect their right to speak to the press, but we choose not to comment on any specific homeowner. As a board it is our responsibility to do what is best for all 153 homeowners, and this mean uniformly enforcing the declaration and rules that everyone agreed to and which govern our Avignon villas community.”

- Jesse Hernandez, Avignon Villas HOA board