Collin County Area REALTORS® (CCAR) is thrilled to announce that the proposed rental ban in the West Crossing community was withdrawn in June 2024. This is a clear win for Realtors, their clients, homeowners, and the City of Anna. This outcome demonstrates the power of informed and early engagement by our dedicated Realtors and the community's strong support.
The flexibility and property rights essential to maintaining a dynamic and diverse housing market have been preserved by preventing this restrictive amendment. This victory ensures that homeowners can choose how to use their properties, supports a stable and vibrant real estate environment, and reinforces Anna's attractiveness as a place to live and invest. CCAR remains committed to advocating for policies that empower homeowners and contribute to the prosperity and growth of our community.
Issue Background
The West Crossing Community is situated in the heart of Anna, Texas. Anna is a rapidly growing community whose population has more than doubled in the last ten years.
On February 12, 2024, West Crossing Community Members received an email/letter from their Board of Homeowners stating they had experienced a spike in “concerned homeowners” who believed the HOA had failed to enforce their Covenants, Conditions, and Restrictions properly. Based on that letter, the complaints appear to have been centered specifically around the “overall aesthetics and atmosphere” of the community. Below is a necessary excerpt of the letter:
“Over the past few years, enforcement of the Covenants, Conditions, and Restrictions (CCRs) has been relatively relaxed. While this approach may have had its merits in certain contexts, it has become increasingly clear that many of our homeowners and neighbors are advocating for a change in this stance. We have received numerous notices and requests from residents urging us to fully enforce the CCRs to enhance the collective curb appeal of our neighborhood. Even multiple local Realtors have expressed that West Crossing homes are getting overlooked due to the current collective curb appeal of our neighborhood”.
This correspondence alone is not cause for concern, as this is a great way to enhance neighborhoods and can sometimes increase property values. However, emboldened by that use of power, the HOA sent another round of correspondence to residents of West Crossing.
In this communication on May 22, 2024, the West Crossing HOA Board of Directors stated that the HOA is seeking “action and support to approve an urgent amendment to [their] HOA Covenants, Conditions, and Restrictions (CCRs) to prohibit rentals in [their] neighborhood” to “defend [their] community before it’s too late.” It is important to note that this proposal does not include the grandfathering of current leases
Did the outcome of the community vote directly impact an HOA in Houston? No. Could this HOA’s decision hypothetically spur a movement across the DFW Metroplex and state? Absolutely.
Why is this issue important to REALTORS® and the real estate industry?
Market Impact: According to the NTREIS MLS, 85 homes were sold in West Crossing between January 1, 2023, and December 31, 2023. Should this amendment pass, the 200 rented homes must be sold within a year. This influx of properties would significantly increase supply and likely drive down home prices, potentially affecting property values in the community for years to come.
Diverse Housing Needs: Leasing options are essential for various demographics, including young families, employees in transition, and senior citizens looking to downsize. Rental properties provide flexibility and an affordable housing option in a desirable community like West Crossing.
Restricted Sales Market: If this proposal is approved, homeowners will be limited to selling only to owner-occupants, excluding investors, online buyers, and small landlords. This restriction could narrow the market and complicate the sale process for many homeowners.
Personal Circumstances: Consider the possibility that an owner might need to move but would like to rent out their West Crossing house. This amendment would bar property owners from fully exercising their rights as homeowners. Thus, in doing so, the Amendment would force owners to sell instead, whether their move is temporary or permanent.
Impact on Current Tenants: Without a grandfathering provision, the current tenants in rental properties would be compelled to move at the end of their leases, disrupting their lives and forcing owners to sell their homes.
Severe Financial Penalties: The proposed amendment allows the Association to levy a fine of five hundred dollars ($500.00) per day for any violations after the legally required notice, if any, is given. This penalty provision overrides any conflicting rules in the Association's current fining policies, potentially resulting in substantial financial burdens for property owners.
Email jason@ccar.net to learn more about how you can help protect the property rights of your clients.