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Metropolitan DC Local Politics
Reply to "MoCo Planning Board Meeting - Upzoning"
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[quote=Anonymous][quote=Anonymous][quote=Anonymous][quote=Anonymous]This also will not apply to many people that live in HOA's or have neighborhood protective covenants. The county does not have the legal authority to override these previous contracts, which means that many of very affluent neighborhoods will be effectively exempt from the zoning changes. It screws over a lot of older middle class neighborhoods that don't have HOA's. [/quote] I wouldn't count on that. https://www.whitefordlaw.com/news-events/new-maryland-law-forbids-prohibition-of-clotheslines-in-condominiums-homeowner-a[/quote] There is some legal uncertainty, but it will likely be effective. Many states want to avoid going there (by overturning contracts that were legally valid when established) because they risk substantial litigation by doing this. Banning it in the future is probably legal, but retroactively banning deed restrictions that prevent subdivision will be heavily litigated. [b]People may not bother to sue over clothing line bans. [/b]People will definitely sue over government interference with private contractual agreements/property rights when their neighbors can now build 4 houses where there used to be a single house. The county almost certainly has no authority to change these rules retroactively, and the state might not either. Washington state banned future protective covenants that prevent multifamily housing, but they did not try retroactively banning them for existing neighborhoods because of the legal uncertainty. Anyone worried about this should work on establishing covenants now before your property rights are infringed by Maryland, banning future restrictions related to multifamily housing. [/quote] Have you met people?[/quote]
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