New subdivision rules could reduce the proliferation of
homeowners associations and lead to more public parks.
Morgan Hill – New subdivision rules could reduce the proliferation of homeowners associations and lead to more public parks.
In a 5-0 vote Wednesday, the council amended the city’s growth management system, first enacted by voters in 1977, to allow more land developers to pay fees into the city’s parks system rather than build privately supported neighborhood parks that are off-limits to the general public.
The new rules allow developers building 50 homes or less to pay a park fee instead of providing on-site common areas maintained through a homeowners association. The previous rules only allowed projects of 24 homes or less that option.
The change reflects a desire to provide more public parks as well as reduce the need for future residents to pay taxes to maintain and protect common areas in a subdivisions.
Additionally, the change reflects a common criticism of homeowners associations that amenities such as walking trails and parks should be open to all members of the public, not just those living in the neighborhood.
City Councilman Greg Sellers remarked he recently went for a jog and had to cut a new path after reading a park sign that warned against transgressors.
“Imagine someone taking a photograph of the council member ‘transgressing,’ ” Sellers joked, alluding to what some feel is a common paranoia.
Morgan Hill planning manager Jim Rowe said one reason for the new rules is smaller homeowners associations are having a hard time paying to maintain open areas that are not supported by the city’s tax base. The smaller the association, the more each household pays.
Additionally, smaller associations can have a harder time filling their governing boards for lack of applicants, said former Morgan Hill Planning Commissioner Ralph Lyle, who served on the committee that recommended the new rule to the council.
The purpose of homeowners associations is to maintain and enhance common open areas and other amenities in subdivisions or neighborhoods. These parks can include ponds, pools, tennis courts and clubhouses, all closed to the public but open to people in the neighborhood.
All homeowners pay property taxes, but homeowners associations reduce the city’s tax burden by requiring developers to build “public improvements,” passing the cost of maintenance to homeowners.
Council member Mark Grzan said Morgan Hill should be proactive in providing more public neighborhood parks as the city grows. Grzan said the city is well served to put aside money now to buy land for parks before it’s too late and all open areas are gobbled up by large-scale developments.
“It’s only going to get more expensive the longer we wait,” Grzan said.
