Reply to MOCO - County Wide Upzoning, Everywhere

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[quote=Anonymous][quote=Anonymous][quote=Anonymous][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]

That will become a federal circuit court or even a SCOTUS case. I'm not sure the state of Maryland will win this one. Covenants still matter, if you establish one now, it creates an another layer of protection. It's probably legal for the state to ban new covenants limiting properties to single family use, but overriding existing covenants that were legal when established is a much higher legal bar that might be unconstitutional. So add the covenants while you still can before MD bans you from using them. [/quote]

Agree that it might become a Federal case/reviewed at that level if it comes to pass.  There are plenty of ways they could attack existing covenants if they were to pursue it -- demonstrating bias against a protected class comes to mind.

Adding covenants before the legislation adds that hurdle to development, whatever the state may do.  Getting all on board would be hard -- I don't think a neighborhood will be able to press such a condition on properties where the owner does not sign on.  That's versus pre-established covenants set up when a neighborhood is platted out/subdivided/developed by the owner of the land who places the condition on any sale.

The thoughts of incorporation to achieve neighborhood zoning sovereignty or pursuit of historic designation as a means of establishing ubiquitous detached rules where only a majority/supermajority may be required seem far-fetched.  I wonder if there are other mechanisms that would do the same.

The zoning change for density, at least as currently construed, would be the thing to challenge, anyway.  [b]Council seats are not up for another 2 years.  How many are not lame ducks who might listen to constituents in the interim?[/b][/quote]

I think that some of them actually believe that this effort is much more popular than it is.  I also think that some of them believe that it gives them some progressive cred to pin on their chests for other aspirations and when turns out to be a complete mess, they won’t care because they plan to be long gone.

Personally, I feel terribly betrayed by the people I voted for and I spread this information as far and wide as I can to friends and neighbors, and many of them STILL don’t have any idea that it’s happening.  Let me tell you, after they get over their disbelief, they feel pretty betrayed, too.  I can’t wait for one of these council members to come to my door again to ask for money and support.[/quote]

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