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ZOning/HOA question

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conversation started by hari ganesh last modified 02-21-2007 12:22

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ZOning/HOA question

Posted by hari ganesh at April 13. 2006


Hi

Does zoning/HOA prohibit building contemporary homes in certain areas in dallas? I'm particularly interested in the Las Colinas/Valley ranch area. Does the HOA have restrictions on the elevations and such for cutsom homes in these areas? Any help will be greatly appreciated

Cheers



Re: ZOning/HOA question

Posted by Mark Millikan at April 15. 2006


Its possible. The strongest HOAs have an architectural review committee and they do have to approve all exterior aspects of the home including roof materials, paint colors, and exterior light fixtures. University Hills in Las Colinas is architecturally diverse, and good place to look.



Re: ZOning/HOA question

Posted by Jeffrey Rous at April 20. 2006


There are basically three different levels of possible restrictions. First is the Deed Restriction. I am not sure how they are put together, but most pieces of property have some set of restrictions that govern how homeowners can use their property. The first ever issue of Dwell featured a house in Louisville KY that ignored the restrictions that specified building materials and highlighted the homeowner's struggle to keep from having to heavily modify their house. Older versions sometimes limit who (by race or religion) you can later sell your house to -- this is now illegal. I believe it is up to other homeowners to enforce these restrictions, but I may be wrong. Second, cities have zoning ordinances that sometimes specify how land can be used. Mostly they focus on the type of residence and allowable size but they can also specify maximum building height, exterior materials, and anything else the city wants. Using government's power through zoning to enforce aesthetics is a relatively new phenomenon and is usually done as part of an urban renual project. HOAs are also relatively new (since the 1980s or 1990s) and can specify all sorts of things. They are essintially private governments whose rules you choose to abide by when you buy property in the governed area. They can either specify aesthetic criteria that you must follow at risk of being fined or sued if you violate the rules OR they can have a committee whose approval you need to get a permit to build (architectural review committee). If there are aesthetic guidelines for a piece of property, you really need to avoid any situation where you need to satisfy a ARC. ARC decisions are, more than anything else, based on the subjective evaluation of the committee (which are generally made up of homeowners in the sub-division). They can deny your design even if you satisfy the letter of the law if they are so inclined. In any case, neighborhoods built before 1980 or 1990 are likely to have few restrictions.



Re: ZOning/HOA question

Posted by hari ganesh at April 22. 2006


Thanks a bunch! That was very informative.

Cheers



 
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