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Metropolitan DC Local Politics
Reply to "Montgomery for All Missing Middle presentation "
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[quote=Anonymous]This is just one example…this is why you have to start taking action early. https://www.seattletimes.com/seattle-news/politics/was-new-ban-on-single-family-zoning-exempts-some-of-seattles-wealthiest-neighborhoods/ “Exempt from those requirements, however, are homeowner associations and other “common interest communities” that have internal contracts or documents governing their zoning rules. Common interest communities include both sprawling planned developments and smaller subdivisions and condos. Because homeowner associations and common interest communities have preexisting, legally binding contracts regarding their zoning rules, the Legislature can’t change those, said Rep. Jessica Bateman, D-Olympia, the bill’s lead sponsor.”[/quote] We live in Maryland, not Washington.[/quote] Yes, we do, but some of us can extrapolate ideas. You should maybe stick to worrying about what time Wapner is on. This must some weird YIMBY tactic where they pretend that something is a done deal to discourage people from fighting it when there are many ways to fight it, and in fact, the idea doesn’t even have that much support from the electorate. [/quote] This example from Washington is very relevant. There is established federal case law about overturning preexisting legal contracts for community associations. It is likely that a state law retroactively changing this kind of deed restrictions would be determined unconstitutional by federal courts. The state likely has the legal authority to restrict new contracts, but they are more limited in their authority to retroactively change valid legal agreements established before the state law changed. This means that people in MD can preempt potential zoning changes by establishing legally binding agreements with neighbors now. [/quote]
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