The Columbia County Planning Commission’s decision to approve the rezoning of a house on Evans to Locks Road is 100% wrong. The Board of Commissioners should hold the line and vote against the rezoning.
If approved, the decision to rezone 3530 Evans to Locks Road will cost the residents of Westlake money. The commission should enforce the current laws and ordinances, thus forcing the homeowner into compliance. Otherwise, the only recourse Westlake has is to spend money on a lawsuit that could have otherwise been spent on storm damage cleanup and other improvements to the neighborhood.
Rezoning will give the property owner a pass and thus set a precedent that you can break the rules when you build a home and that you can ask for forgiveness instead of permission. It would clearly show preferential treatment to one homeowner over others, setting a precedent that is sure to come up in future disputes between property owners and HOA’s.
The Planning Commission, planning staff and Board of Commissioners were unanimously against the rezoning only one month ago. What happened to change the planning commissions mind?
Rezoning might not be the end of the fight.
When a property owner purchases a property, they receive a deed that is recorded at the courthouse to prove ownership. That deed will outline any restrictions or covenants against the property that the owner must abide by. In this case, the property owner received a deed subject to the bylaws and protective covenants of Westlake HOA.
The rezoning could be a win for the property owner, but it doesn’t change enforceability of the HOA protective covenants. Those covenants are still attached to the deed and the property owner is clearly in violation.
Barrington HOA, down the street from Westlake, recently won a lawsuit against a homeowner attempting to operate an event venue out of a home, which was a clear violation of the HOA covenants.
Westlake HOA has rights and should sue the property owner to enforce the protective covenants if they don’t get relief from Columbia County. Lawsuits are expensive and often not worth the effort, but in this case the HOA needs to put its foot down to prevent future violations. Some HOA’s might not be financially able to fight a wealthy property owner, but Westlake is not one of those subdivisions. With the high property values in and around Westlake, it’s even more important that the HOA take a stand to protect the integrity of the HOA and its enforcement abilities.
Property values could be at stake.
