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Developer wanting to redesign future condo style homes on phases

Started by ScottS24 • 13 replies • 915 views

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ScottS24 (Massachusetts)
Posts: 3
Posted:
Hello,

i wanted to get some opinions and also if anyone has any links to stories about this. We are a complex to be comprised of 84 units in fourplexes. 36 units (9 buildings) have been built to date with the original plan. The builder shut down building for nearly 10 years when the economy turned and now wants to start back up but is appealing the planning board to switch all future homes to a completely different style of home and make them only duplexes to maximize profits on "end units" and also bypass new zoning laws that require fire suppression systems on building over a certain square foot (if he builds fourplexes they would require this but duplexes do not exceed the size for this needed). We have seen a lot of support from current owners who see this completely changing the cohesiveness of the neighborhood making it look like two entirely different styles so when you drive through half the homes are quads then it switches over to all different style duplexes. We feel this makes our quads far less marketable when competing against duplexes and will depreciate our homes which we bought in good faith the neighborhood would be identical and have appealed the planning board not to allow.

If anyone has any opinions or examples of what this does to a neighborhood or any articles on complexes that maybe went on to a new developer who takes over and changes the makeup of the neighborhood on future growth I welcome all as this has been an ongoing fight for a couple months in the town hall.

Thank you

Scott
TimM11
Posts: 354
Posted:
Why do you feel the double vs. quad style will make your homes less marketable?

This is anecdotal, but where I live, it's not unusual to see condo complexes with different styles of homes in them (quads next to doubles, single level next to two-story, etc). From what I can tell, it has never affected the marketability.
ScottS24 (Massachusetts)
Posts: 3
Posted:
If it was a condo complex with all different styles or design from the start that would be more than acceptable to see a mix. But the plan and design was to build all quads and all of the exact same exterior style and you have half built all on one side of a circled neighborhood. Then you drive a little further around the circle and every home is of a completely different design and duplexed it looks like it does not even belong to the same association.
But to one known fact, end units buy and sell for more. Competing with now outside units plus a majority of duplexes makes many owners believe their home value will drop with the surplus of now all "end units".
This is a farm town with only a handful of complexes but driving thru them all, uniformity of exterior and structural design is upheld
DouglasM6 (Arizona)
Posts: 724
Posted:
I'd rather live in the ones that have fire sprinklers. So, maybe the quads are more valuable??
PaininyourA
Posts: 215
Posted:
I would rather live in 'dispersed camping' at a national forest then in an HOA.

Yet, here I am, stuck in my self made quicksand.

(sand which is quick)

PaininyourA
Posts: 215
Posted:
...THAN in...
TimB4 (Tennessee)
Posts: 21,061
Posted:
John,

helpful as always.
TimB4 (Tennessee)
Posts: 21,061
Posted:
Scott,

I have not personally experienced but have seen (and it was a very hot topic) where something similar occurred. This was in Winchester, VA.

Basically, if the planning commission approves the change, there is little you can do.

The time to act is now and act in mass.
Show up at meetings of the commission, send letters and let them know your concerns NOW.
It's better that everyone writes their own letter (however, have a format to make it easier) then to claim you represent a group (unless there are multiple signatures with addresses and printed names attached to the letter).

Hope this helps,

Tim
JohnC46 (South Carolina)
Posts: 14,265
Posted:
IL HOA story early 1980's

Phase One all 4 to 5 townhouses per unit. Maybe 50 homes in all. Covenants showed a Phase Two to be built at a later time. Builder goes after permitting for Phase Two with same type units. BOD decides to add a buy-in to the amenities for each new town house. Do not ask how they could do it but there was a PIA lawyer/owner on the BOD and he found a way.

Builder decided to play hard ball and goes after a zoning change for Phase Two consisting of 6 story, inexpensive condo buildings.

Cooler heads prevailed and come election time several BOD members were replaced by new members. I was one of the newly elected. The buy-in was dropped and the new townhouse units moved forward.

MelissaP1 (Alabama)
Posts: 13,836
Posted:
Home values are based on what a home with similar size/bed/bath sold for in last 6 months to a year in few mile radius. It does include short sales and foreclosures. So a 2K square foot 3 bedroom/2 bath townhouse may not be valued the same as a single detached house of similar size/bd/bth. Neither one loses "value" but are apples to oranges to each other.

In my neighborhood we have so many varieties of housing. Within 2 miles radius we have 4 big apartment complexes. 3 of which are "High end". Neighborhood behind mine houses go up to $400K. Another neighborhood houses start at $200 - $300K. My HOA homes which are a combo of single family/attached townhouse sale for $90K - $125K. The neighborhood I am in now homes were built in the 60's to 70's. They go for $90 to $150K. My neighbor has his 3 bedroom/2bath ranch house up for sale at $147K.

So for me, home values in this neighborhood are subjective. My neighborhood can't compete with the $200-$400K houses even though some are similar in size/bd/bth. Houses are older. The HOA homes are much smaller and little yards. The apartments the rent is higher than most house payments.

Basically my house will have to sell at whatever my neighborhood comps sales are. Which could be similar to a "phase" of development to other areas. Were just the "old original" part of area development.

I would not panic and claim "home values" falling. It's most likely going to effect people being attracted to buying homes in that phase. Who knows? They may want the original style over fashion.
Former HOA President
PaininyourA
Posts: 215
Posted:
Quote:
Posted By TimB4 on 11/29/2017 2:32 PM
John,

helpful as always.

I was attempting POLITELY to say the following:

This is why HOAs stink.

They are for the developer's pocketbook and to relieve 'the county' from building roads and/or drainage facilities.

They give the 'facade' of maintaining property values by saddling the membership with 'amenities' such as 'lakes' which are ACTUALLY engineered storm-water retention facilities and 'security' by PARTIALLY gating the property.

The developer is TOTALLY in charge REGARDLESS of the contract until 'turnover'.

So, yes, I am also trapped by my own decision(s) to purchase into the system.

CAVEAT EMPTOR
ScottS24 (Massachusetts)
Posts: 3
Posted:
Thanks for all the discussions. Yes, I see some agree this type of issue of a builder messing with the plan that you bought in good faith and how market conditions will make him line his pockets with the argument everyone now wants duplexes but also said in same breath a quad unit sold for more than it was paid for. Make up your mind. are duplexes sellable and quads aren't but they do?? I agree need to en mass the community. As a sidenote, this town hall meeting was also discussing his plan to take back protected forest land he promised to trust to the town and lease to verizon for a 170' cell tower behind our homes.

If anyone has stories of what arguments to make as the planning board does not consider financials and outside of cohesive neighborhood one half quads, one half duplexes and both looking entirely different it is much appreciated.

scott
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By PaininyourA on 11/29/2017 7:15 PM

The developer is TOTALLY in charge REGARDLESS of the contract until 'turnover'.



That is not true in all states. Some states who have their laws based on UCIOA if have adopted certain sections will limit the Developer. Essentially the Developer must "reserve" certain rights which can be changed in the CCR's and disclose to the consumers prior to their purchase of what can or cannot be changed. Of course in my state you will have Developers try to state in the CCR's that they can change the entire document in order to try and circumvent. But all they do is screw themselves with that type provision because the real estate statute of frauds does not allow a Grantor (a.k.a. Developer) selling real estate to a Grantee (a.k.a. Consumer) to change a contract at will. So if a developer does that all they do is make that section of the CCR's null and void ... and they lost any opportunity to actually reserve rights they would have wanted.
JanetB2 (Colorado)
Posts: 4,219
Posted:
Quote:
Posted By ScottS24 on 12/01/2017 10:14 AM
Thanks for all the discussions. Yes, I see some agree this type of issue of a builder messing with the plan that you bought in good faith and how market conditions will make him line his pockets with the argument everyone now wants duplexes but also said in same breath a quad unit sold for more than it was paid for. Make up your mind. are duplexes sellable and quads aren't but they do?? I agree need to en mass the community. As a sidenote, this town hall meeting was also discussing his plan to take back protected forest land he promised to trust to the town and lease to verizon for a 170' cell tower behind our homes.

If anyone has stories of what arguments to make as the planning board does not consider financials and outside of cohesive neighborhood one half quads, one half duplexes and both looking entirely different it is much appreciated.

scott


If all of you and your surrounding neighbors do not want the change then your best avenue is to take it up with your local government City or County council. It appears with the time lapse that the developer was building in different phases; however, the local government ordinances most likely will note that approvals must consider surrounding homes built and applicability and harmony with the prior homes (this is where what was promised and approved by the local government before in your CCR's and other documents comes in handy).

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