Reply to MOCO - County Wide Upzoning, Everywhere

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[quote=Anonymous][quote=Anonymous][quote=Anonymous]I have a really dumb question - how, if at all, would this affect houses with covenants?

I live in a basic 1960's-built sfh neighborhood. There's a community association (I guess like an HOA) and when we bought, the lot had a covenant mandating sfh use. Apparently all the lots in the neighborhood have this, and have since they were first built. Can that be overridden by zoning legislation?[/quote]

Typically, covenants cannot be overridden by zoning legislation. However, you need to pull the covenants for your specific neighborhood to see how they apply and whether there is an expiration date on them. Ideally an attorney should review them and to see if they provide enough protection for the neighborhood. If they don't you can try to get the neighbors to update them. [/quote]

At the meeting on Monday, staff talked about there being the possibility of state legislation to allow zoning to trump private agreements like covenants.  That's questionable, both as to legality and as to whether it would pass at the state level, but MD is left enough to try it.  If you really want this thing not to happen in your neighborhood, you'd need to stop the zoning changes they are proposing in the first place.[/quote]

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