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Thread: Assisting HOAs that do not have covenants

  1. #1
    Cyburbian Streck's avatar
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    Assisting HOAs that do not have covenants

    Does any city have provisions to assist subdivisions which have expired Covenants, but it is not possible for the Home Owner Association to get a majority of homeowner signatures to renew or form new Covenants?

    It has been rumored that there might be some cities with provisions that virtually replace Covenants, but let HOA's manage them as if they were their own.

    The intent is to let the HOA manage the day to day operations as if they had Covenants, but under provisions deemed by the City to be appropriate for HOA's to manage within the city.
    Last edited by Streck; 19 Dec 2017 at 4:11 PM. Reason: Punctuation error in title

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    Cyburbian dvdneal's avatar
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    Sounds like a legal nightmare. As soon as the city starts requiring or "helping" with HOA covenants the city starts taking on liability and enforcement. Plus the whole treating one neighborhood different than another problem. Everyone has to be treated the same. I'm not a lawyer, but I'll play one online. My advice, stay away from that problem. Give the neighborhood a place to talk, help host meetings, etc. so that they can work out their own HOA rules. You can facilitate meetings, just stay away from setting rules.
    I don't pretend to understand Brannigan's Law. I merely enforce it.

  3. #3
    Cyburbian
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    Quote Originally posted by dvdneal View post
    Sounds like a legal nightmare. As soon as the city starts requiring or "helping" with HOA covenants the city starts taking on liability and enforcement. Plus the whole treating one neighborhood different than another problem. Everyone has to be treated the same. I'm not a lawyer, but I'll play one online. My advice, stay away from that problem. Give the neighborhood a place to talk, help host meetings, etc. so that they can work out their own HOA rules. You can facilitate meetings, just stay away from setting rules.
    Yup. I wouldn't touch that at all, either. Their problem.

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    Cyburbian MD Planner's avatar
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    I guess I don't understand the question. Why would you want to help them? You still have your city's rules and regulations, if they let their other controls lapse how is that the city's problem at all?
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  5. #5
    I have nothing to add to what's already been said except that I remember reading about the city of Houston's engagement with HOAs and role in enforce covenants. It's the only place that comes to mind, and I can't imagine anyone wanting to replicate that model.
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  6. #6
    Cyburbian Salmissra's avatar
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    Quote Originally posted by OfficialPlanner View post
    I have nothing to add to what's already been said except that I remember reading about the city of Houston's engagement with HOAs and role in enforce covenants. It's the only place that comes to mind, and I can't imagine anyone wanting to replicate that model.
    Former Houston planner speaking: The only reason Houston has a division in the Legal Dept. that oversees/helps/regulates the HOA's is because Houston doesn't have zoning. Therefore, the state has granted the city (and any other that doesn't have zoning) the authority to regulate those aspects of CCRs that would normally be regulated by zoning. It's not a catch-all - they can only regulate certain things. And most of it is done through Legal - not Planning.
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  7. #7
    Cyburbian RandomPlanner's avatar
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    Quote Originally posted by Salmissra View post
    Former Houston planner speaking: The only reason Houston has a division in the Legal Dept. that oversees/helps/regulates the HOA's is because Houston doesn't have zoning. Therefore, the state has granted the city (and any other that doesn't have zoning) the authority to regulate those aspects of CCRs that would normally be regulated by zoning. It's not a catch-all - they can only regulate certain things. And most of it is done through Legal - not Planning.
    Ah ha! Well yes, in a community that does not have zoning, then enforcing the HOA makes more sense. It's still not something I would want to do, mind you. But it makes more sense.

    My gut reaction would be -- if you are looking to enforce the rules of your HOA, I would suggest hiring an attorney as your municipality does not fill that role.
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