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MerryB (Colorado)
Posts: 2
Posted:
Our city council is about to deliberate on a large development project adjacent to our community (for which the HOA serves). At present the land is open space, watershed, hinge trails, etc and the plan is to make a large development that will basically turn this area (maybe 300 acres( into a small city. The question is whether it is appropriate for the HOA board to (a) alert all HOA members of this plan (b) urge them to sign petitions about it and (c) write an. opinion from the HOA for presentation at a city council meeting.
Any experiences, knowledge about this would be most appreciated!!!
MerryB (Colorado)
Posts: 2
Posted:
Quote:
Posted By MerryB on 05/07/2020 12:00 AM
Our city council is about to deliberate on a large development project adjacent to our community (for which the HOA serves). At present the land is open space, watershed, hiking trails, etc and the plan is to make a large development that will basically turn this area (maybe 300 acres) into a small city. The question is whether it is appropriate for the HOA board to (a) alert all HOA members of this plan (b) urge them to sign petitions about it and (c) write an. opinion from the HOA for presentation at a city council meeting.
Any experiences, knowledge about this would be most appreciated!!!

MelissaP1 (Alabama)
Posts: 13,836
Posted:
I am a bit confused. The HOA doesn't own this land correct? It's just property next door. The city can approve a Developer's plan if they like. Happens all the time. It's NOT a HOA thing. It's a city thing.

We had this happen to us across the street. People were upset and tried to protest it with the city. You basically have to "Fight city hall" if you want to stop it. Our HOA was just a drop in the bucket of other nearby neighborhoods. The land was donated to the next door city so we couldn't do much anyways. Now have some really nice apartments and homes. Property values have actually gone up.

Former HOA President
CathyA3 (Ohio)
Posts: 6,299
Posted:
At the very least, the HOA should inform themselves of the implications of this development. It's unfortunately common that developers neglect infrastructure, and the surrounding areas are negatively impacted by this. For example, they may not consider storm water drainage and whether the surrounding sewer systems can accommodate it when the previously undeveloped land that can absorb rainwater is now largely paved and forcing the rainwater elsewhere.

So, I think that it's appropriate for the board to inform residents of what is being planned and the implications of that so that they can make their opinions known. In my area, developments like this would be subject to approval from the zoning commission, among other entities, and would be discussed in meetings that are open to the public. If this is the case in your area, the board should keep everyone informed of the schedule so that the board and others can comment and make presentations. You should also consult some experts to determine the possible negative impacts on things like infrastructure.

Be aware that you're in a David and Goliath situation. Depending on the size of your HOA and the size of the projected development, nearly all of the financial fire power is on the developer's side. Your elected officials will be seeing only the dollars coming into the area, which will encourage them to ignore any negative impacts. I think at best you're looking at holding everyone's feet to the fire so that you have some say in how things shake out. If your only argument is "we pay taxes", you're holding a losing hand - you need something more than that.

Real life examples: There is an HOA down the street from my community that fought the proposed construction of a Menard's store across from the HOA's entrance. The Menard's was approved but the property is actually very attractive for a commercial development, with landscaped islands in the parking area and things like the garden and delivery areas out of sight behind the building. Also, the country's most attractive Wal-Mart is across the street from a nearby community with multi-million dollar homes whose owners threw hissy fits when they found out about that proposed construction.
GeorgeS21 (Florida)
Posts: 3,808
Posted:
To forward information to the community? Sure.

For the Board to assess the development, and provide their assessment to the community? Sure.

Based on their assessment, to provide advice, assuming there is some form of input for individuals? Sure.

To speak on behalf of the community at public hearings? Sure.

Remember, the Board may understand the potential damage that could be done to the community across several areas - most developments as you mention are approved in the end - sometimes the Board is trying to direct the end state to the best, or least damaging of the various options under consideration.

Merry - are you on the Board or any committees?
AugustinD
Posts: 5,144
Posted:
Quote:
Posted By MerryB on 05/07/2020 12:00 AM
Our city council is about to deliberate on a large development project adjacent to our community (for which the HOA serves). At present the land is open space, watershed, hinge trails, etc and the plan is to make a large development that will basically turn this area (maybe 300 acres( into a small city. The question is whether it is appropriate for the HOA board to (a) alert all HOA members of this plan (b) urge them to sign petitions about it and (c) write an. opinion from the HOA for presentation at a city council meeting.
I emphatically agree with CathyA3 and GeorgeS21. Furthermore, your HOA may want to team with leadership from other, nearby subdivisions. If approval of this development at all looks inconsistent with municipal ordinances re traffic, drainage, open space, usage (residential v. commercial v. housing density and so on), volunteers from the HOA may want to help promote donations to a legal defense fund. Also review the procedures for a formal appeal to the City Council of the approval of the development. Such efforts can and have found City land use staff mis-interpreting municipal ordinances in favor of developers. Usually, the surrounding neighborhoods lose the appeal. But certainly not always.
LetA (Nevada)
Posts: 2,679
Posted:
Should the HOA board as a group protest the developer's petition to the city council, NO As an individual, YES. Does your city send out postcards to announce planning or zoning changes to surrounding owners?
ND (PA)
Posts: 792
Posted:
Posted By MerryB on 05/07/2020 12:00 AM
Our city council is about to deliberate on a large development project adjacent to our community (for which the HOA serves). div>

Merry, I'm curious about your first sentence, specifically the part "(for which our HOA serves)" . . .

Typically the community as a whole, all individually-owned lots and any common areas, all homeowners living within it, and the Board Members (who themselves are usually homeowners) are collectively the homeowners association (HOA). Is this your situation or is the situation something else? Really just curious as to how your community is arranged and what your role is in this.

All that said, as I think you've realized . . . if something is going to be done, now is the time! Once things are approved, there's no turning back. And if awareness and opposition to the project isn't raised now, then it'll be too late. Silence may be mistaken for acquiescence.

Certainly I think the HOA Board can and should do much of what you asked about on behalf of the community. However, while doing that, I would continuously encourage residents to simultaneously do things on their own to assist in the overall efforts. There is strength in numbers, and the more vocalized opposition to whatever the plans are, the better off your position will be understood and considered. Those with the opposite position are free to also express their thoughts. But generally, if the Board takes a position that the vast majority of the rest of the community supports, then I think you're doing the right thing.

ND (PA)
Posts: 792
Posted:
Merry, I'm curious about your first sentence, specifically the part "(for which our HOA serves)" . . .

Typically the community as a whole, all individually-owned lots and any common areas, all homeowners living within it, and the Board Members (who themselves are usually homeowners) are collectively the homeowners association (HOA). Is this your situation or is the situation something else? Really just curious as to how your community is arranged and what your role is in this.

All that said, as I think you've realized . . . if something is going to be done, now is the time! Once things are approved, there's no turning back. And if awareness and opposition to the project isn't raised now, then it'll be too late. Silence may be mistaken for acquiescence.

Certainly I think the HOA Board can and should do much of what you asked about on behalf of the community. However, while doing that, I would continuously encourage residents to simultaneously do things on their own to assist in the overall efforts. There is strength in numbers, and the more vocalized opposition to whatever the plans are, the better off your position will be understood and considered. Those with the opposite position are free to also express their thoughts. But generally, if the Board takes a position that the vast majority of the rest of the community supports, then I think you're doing the right thing.
DeidreB (Virginia)
Posts: 113
Posted:
MerryB, I have had some experiences with this.

An HOA's purpose is taking care of its own common areas, enforcing its covenants and managing its finances.

Speaking on behalf of all HOA members for issues outside HOA business is not something I recommend. I am not saying it's illegal. I have seen it done a few times but without much success or actual benefit and at times with an added workload and interpersonal friction as interests diverge.

If the proposed development involves taking land from the HOA common area or if the plan involves some sort of adverse physical impact on the HOA common area then the HOA has to get involved for that specific purpose. Storm water is one area that you should ask about but unless you have an expert on the board, in the end you will likely have to trust the development process and the paid experts and hold them accountable if the drainage causes HOA problems. Without an in house expert, you would have to hire an outside expert at a fairly high cost (and even then you are trusting them).

I bet the city has a process for informing the public about new developments to include public meetings and letters or website announcements etc..... HOA's are wise to let that process happen. Even with the best intentions an HOA can impede or confuse the flow of information and the civic process of representation between the local government and its citizens. Also, despite the initial impressions, not everyone in your HOA will have the same opinions on this apparently large development as it goes forward. Some will want the status quo to remain while some will be excited about increased home values or having more amenities nearby and some will change their minds from time to time.

My best advice is to let the city govern and let the citizens get involved themselves as they so desire to include any board members who want to participate as individuals. I recommend the HOA think twice about inserting itself into that process except for where it has to regarding common area impacts.
AugustinD
Posts: 5,144
Posted:
The HOA is a corporation. Corporations (for profit and not for profit) speak out all the time about what is in their interests. The HOA should not pay a cent of its money towards this effort. But folks voluntarily contributing to a fund, separate from the HOA, to object to this development is fine.

The Board can and should speak out when it sees a proposed development that the board majority feels is in violation of city regulations. All to protect property values.
SheliaH (Indiana)
Posts: 6,964
Posted:
Most of the neighborhoods in my city have neighborhood associations, which consist of individual residents, HOAs, and local businesses. Whenever someone wants to build something in the community or change the zoning somewhere (e.g., get approval for a liquor store) the neighborhood associations usually hear about them and at their monthly meetings, the person(s) wanting to build whatever comes to make a presentation. People can ask questions and then the neighborhood association board votes on whether to endorse or oppose the project.

Sometimes, the association will ask for certain changes to the project to address concerns and the person will modify the proposal (or not), and then the neighborhood association lets the zoning commission know they like or dislike the proposal. The zoning board may still vote to approve the project, but they do take a long look at the association's viewpoint, sometimes asking the person to address certain concerns again before they consider the zoning request.

You may want to see if there's a similar set up in your community and consider joining with them to support or oppose the project.

If it is not right do not do it; if it is not true do not say it. Marcus Aurelius
SueW6 (Michigan)
Posts: 814
Posted:
The Board can pass a Resolution of Objection to the development, listing the reasons for doing so.

There will be many hearings on this development. Both individuals and the Board should make their views known along each step. Speak up on such issues as traffic, infrastructure impact, police and fire service, and environmental concerns.

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