COMMON AREA REQUIREMENTS

Larry,

No, there is no set formula that I know of.

Depending where in TX you live, there may be local codes that discuss replacing existing trees with new trees that equal the same percentage (I had a builder in Dallas explain that to me).

State, local and Federal EPA laws define what storm water management systems are needed.

If there are any endangered species in an area, the developer likely will be prevented from doing anything with the land (I also had a developer in TX explain that to me, as many lots couldn't be built on because of a beetle).

The PLAT for the entire development will show what the agreement is between the developer and all the appropriate agencies and utilities to meet the above requirements. If your interested, you should be able to obtain a copy of the PLAT from your local property records office.

Larry

What is your concern?

I know mine would be is I would want to know how much "open space/common area" will we the owners eventually be responsible for. A valid concern.

Yes, that is my concern. The terms open area, common area and greenspace conjure up images of bucolic splendor where residents can recreate and enjoy the wonders of nature. But the reality is those terms are cover for the true description which is "area where we are unable to build and so must be maintained by residents." Examples include a 40' wide strip that contains a 15' wide ditch and is a third of a mile long. The strip is bounded on one side by back fences and on the other side by railroad tracks with a precipitous 5' drop to the tracks Residents will be responsible for grass cutting, maintenance and liability for a useless piece of property that counts toward "open space" totals on the platt.

Larry, most incorporated communities have what is known here locally as a Zoning Board and most do have minimum standards such as you are asking about. Before a developer can build he must present his plan to the ZB for approval, in it he must lay out the lots, roads, utility easements, retention ponds, green space, etc. Now these plans are public records and anyone can walk in off the street and inspect them, heck for a fee they can even get a copy of them.

One caveat, builders have been known to go back and apply for variances to the original plans which are often granted as long as they meet code and no one protests, so it is wise to pay attention to zoning requests until you are built out. For instance one HOA here locally had a minimum lot size and square footage per home but when the developer got to the last section the McMansions weren't selling so the developer went to the ZB and asked to resize the lots and build smaller homes. Of course the current homeowners vigorously protested, loss of home values etc. but all the ZB was concerned with did the request meet the building codes which they did, so the request was approved.