Hoa (McKinney, Colleyville, Howe: houses, neighborhoods, buyer)

[jacob]

Prior to the construction of the house in a builder's community, does HOA have a say in deciding whether or not the builder can build two houses next to each other with the same elevation, same plan, same brick color, etc.

Or is it just the builder and the buyer's choice ?

[loves2read]

most of the time the person/company who created the devleopment calls the shots--the HOA does not take over until all or most all of lots are sold and construction is completed-meaning that houses are owned by people not builders...
the builders submit plans to the development office
some developments prohibit using the exterior design more than X number of times in a development--say within two blocks or on same street--just depends
more home plans mean more money for architect fees, varying construction costs, ordering supplies that are different, getting contractors to big for different specs...

some developers-- usually the high end == much more expensive ones--prevent any copies from being in same development--David Bagwell in Colleyville area is one of those-people can use same brick/exterior colors but the design has to be different and houses can't be that close together than use same exteriors...

frankly you can't stop the developer from building or allowing other builders to replicate a plan...not unless it is in YOUR contract and I doubt that it is...

[NewTexans]

great answer by loves2read. HOA gets "handed-off" from the builder to the residents to function when most of the homes/lots are sold.

builder usually does what they want.

I am not a lawyer, but I would:

1. look at the Declaration papers
2. Rules and Regs
3. deed covenants
4. local municipality Building Codes

never hurts to speak with builder and get something down on paper to your liking...

just my .02....

[momof2dfw]

HOWEVER, the HOA IS in place BEFORE anyone builds ANYTHING. The HOA papers w/ all rules, covenants, bylaws, etc are written up, approved by the board (this would be the developers at this point in time), notarized and submitted to the state for approval and to be filed. IF the developer puts in their bylaws and/or CC&R's that a certain floorplan/elevation/brick must be at least 2-3 houses away it still MUST be followed. This "rule" WILL be in there IF the developer wants it to be.

When it is "handed-off" is a totally different animal. What is allowed to be built will be there from the VERY BEGINNING before a grain of dirt has been moved. Ask to see the CC&R's from a salesperson at the development. They should also know this as well.

BTW, MOST developers even in track neighborhoods don't allow the same floorplan AND brick to be used right next door to each other. HOWEVER, I have noticed that some builders that are building the "big box" tract houses do build the same floorplans lined up right down in a row w/ each other. UGH!!! Some of the builders guilty of this are Grand, Kimball-Hill and a few others I can't think of at the moment. In this case it is most likely NOT in their CC&R's.

[momof2dfw]

Originally Posted by NewTexans

great answer by loves2read. HOA gets "handed-off" from the builder to the residents to function when most of the homes/lots are sold.

builder usually does what they want. ...

The builder (if it is a 1 builder hood) or the developer (multi builders) is the one that comes up with and writes the HOA rules for the neighborhood they are developing. The builders MUST follow the HOA rules. Those rules ARE enforce from day one.

The handing off part ONLY is when the development is a certain percentage built out and then the residents take over the functioning of making sure the rules get followed.

[loves2read]

that is true--articles for HOA are in existance but my experience has been that the get-around refers complaints/questions about construction to a "design committee" or something like that which must review and sign-off on specs for any house or in the future any remodeling/additions to neighborhood in later years...
the design committee at the beginning IS the developer...
David Bagwell in Tarrant Co has the reputation for being one of the most rigid, do-it-my-way-or-the-highway--type of developers who basically allows builders in his neighborhood almost no leeway in diverging from HIS masterplan

then you have neighborhoods like Drees homes where you can see the same exterior/floor plan every block or so...
rule of thumb pretty much is--lower the price of the house--less originality and variety in the look of the development...

[momof2dfw]

Originally Posted by loves2read

most of the time the person/company who created the devleopment calls the shots--the HOA does not take over until all or most all of lots are sold and construction is completed-meaning that houses are owned by people not builders...
...

The HOA is in place from DAY 1. The builder/developer though will be functioning and presiding over the HOA and sitting on the board of the HOA. An HOA MUST be in place BEFORE a single home is built and sold. This is the ONLY way a "mandatory HOA" can be put in place. The HOA is a governing body that makes sure that the rules, bylaws and CC&R's that were written up by the developer/builder and put in place by them is followed. It can be the builders reps that are on the HOA and there will be HOA meetings and all w/ them presiding over them. They are collecting dues and all. THEN, once a predetermined number of lots are sold the developer hands off the HOA to the residents. They then take over making sure the rules are followed.

[Rakin]

Many HOA's have architectural review committees which must approve the plans & yes they do set restrictions on how often a plan / elevation can be built. Las Colinas is a very good example of this where every thing must be approved.

[Grainraiser]

"rule of thumb pretty much is--lower the price of the house--less originality and variety in the look of the development..."


I have found this to be spot on.

[Korel]

I deal with ACCs (architectural control committe) and HOAs daily in my work and have represented clients before the ACCs to make presentations and lobby for adjustments and variances.

In the beginning, the developer is the HOA/ACC of ONE. After a certain number of homes, or sometimes just lots, are sold, the developer will pass the responsibilities to the HOA made up of home owners and/or a HOA management company. Many times there will be an agreement between the city permit office and the HOA requiring a letter of approval before a permit to build is issued. Such is the case between Stone Bridge Ranch and the City of McKinney. No city code enforcement office will enforce Deed Restrictions. It is strictly a civil matter.

But to answer your original question, I have seen the same plan built next door to each other. I have had a project down in Oak Cliff (small 1200 sq ft homes) where they sold the same plan 4 to 5 times in a row. We would dress up the exteriors as different as we can but you can only do so much to a 1200 sq ft home. There is usually no direct clause in the CCRs prohibiting this but I have had ACCs scrutinize the exteriors of plans to prevent the same similar architectural styles from being built adjacent to each other. The old FHA/VA rule was no repeat in less than 3 houses.

Yes. The HOA could have a say about the builder(s) building the same identical home adjacent to each other. But if the HOA is the builder, then it's what-ever the builder wants to do. $$$ talks.