Zoning Overrides HOA Rules

From Cathy Kentner

Homeowners Associations (HOAs) mistakenly believe their rules will shield them from the new zoning. However, new zoning will override individual HOA rules

What the legal language actually changes

• HOA rules still exist.

• But stricter city zoning overrides them.

• HOA covenants remain valid unless they conflict with city law.

• City zoning still applies regardless of HOA rules.

• HOAs can enforce their covenants.

• But they cannot enforce rules that violate city zoning law.

• And HOA rules cannot override zoning rules.

A “yes” vote maintains this language:

C. It is not the intent of this Zoning Ordinance to interfere with, abrogate or annul any easement, covenant, deed restriction, or other agreement between private parties. If the  provisions of this Zoning Ordinance impose a greater restriction than imposed by an easement, covenant, deed restriction, or other private agreement, the provisions of this Zoning Ordinance control.

A “no” vote removes the above intent and replaces it with:

C. Nothing herein shall be construed to render inoperative any restrictions established by covenants running with the land unless such restrictions are prohibited by, or are contrary to, the law or the provisions of this Zoning Code. Nothing in any restrictions established by covenants running with the land shall render inoperative any provisions established by this Zoning Code.