Property Precepts

While most HOA provisions are believed to actually increase property values, studies have shown when HOAs couple private covenant regulations with public zoning regulations in a way that is overly burdensome to future homeowners, those restrictions can not only undermine the positive impact on values from other covenants but, worse, can generate a negative property value effect. Many people will not buy into communities that have excessive occupancy zoning restrictions such as these. It’s pure economics – fewer buyers = less demand = lower prices. Don’t accept any HOA Board’s promises that excessive restrictions will increase property values. Do your own research. Read more

Housing market crashes, recessions, illness, death. We are never immune from unexpected challenge and tragedy. Times may be good now, but it wasn’t that long ago that they weren’t. When tragedy strikes, homeowners need to be able to respond quickly to protect their most valuable possession. They may need to temporarily lease their home while in a rehabilitation center. Or they may want to rent a room to assuage a temporary cash-flow challenge WITH the protection of a lease in place (the Board has said these restrictions permit roommates – yet, we MAY NOT have roommate leases). Read more

Since the Texas Supreme Court in Tarr made it clear that HOAs could not use the Residential Purpose Clause to prohibit short term rentals (STRs) less than a year ago, there has been a flurry of activity across the state by cities and HOAs alike to pass regulations and restrictions specifically prohibiting STRs. Many have been hauled into court over hastily-written or ill-conceived STR prohibitions. Alienability (the right to convey part or all of your property as you wish) is a FUNDAMENTAL PROPERTY RIGHT, and the courts have yet to decide how far is too far when it comes to restricting STRs. The Texas Legislature will be addressing STRs this session. There are rumors that Carrollton also may be entering into the STR debate. Passing STR restrictions now before the dust has settled after Tarr increases the risk that our Country Place HOA will be among those sued. Read more

We feel that property rights are sacred and should be preserved to every extent possible. But the Board has been quite vague regarding the STR issues that need to be resolved – with statements like STRs “began to bother neighbors” a year ago. After a great deal of discussion with other neighbors, we have only been able to identify five problem houses, three of which were resolved using the city code. The City of Carrollton has laws in place to address many if not all of the issues typically raised by STRs. They also have the manpower and funds to enforce those laws. Please consider what precisely are the problems that need to be fixed and whether there are current laws in place to address them before giving up your property rights. These proposed restrictions also affect your basic right to privacy. Read more

What exactly is “well-trimmed”? (S13) Who decides whether your outdoor furniture is “unsightly”? (S7) How do you know if your property is “in harmony” with other residences? (S16) Or whether your fence is “decayed” such that it must be replaced? (S8) Please take time to carefully read the new restrictions and consider whether they provide clear, enforceable standards. Vague standards give rise to inconsistent application, selective enforcement, the potential for targeted harassment, and an increased risk of litigation. Read more