City Looks At Ordinance Change Governing Developers & HOAs

The Fishers City Council struggled to find an answer to an issue centered on the city, housing developers and Homeowners Associations (HOAs) and decided to work on new ordinance language to consider at the next council meeting.

City Councilman Brad DeReamer, also a member of the Fishers Plan Commission, submitted a text amendment proposal to the Plan Commission last November to change city ordinances in line with a recent change in the Carmel city ordinance.

The proposal would have called for an independent inspection of common areas before a developer hands over a housing project to the local HOA.  DeReamer expressed concerns that some, but not all, developers were walking away from housing developments and leaving HOAs with large expenses.

The proposal was sent to the city planning staff, which came back with no recommendation, but a list of options.  The Plan Commission voted 8-1 to send the proposed ordinance change to the city council with no recommendation.  DeReamer was the lone no vote.

Monday night the city council had a lively discussion, including a couple of public comments allowed by the council, about a number of issues surrounding the proposed ordinance, including the city’s liability should the change be approved.

Mayor Scott Fadness suggested that DeReamer was most concerned about developers guilty of noncompliance with city ordinances and neglect of assets, such as properly maintaining retention ponds.  DeReamer replied he agreed with the mayor’s comments.

As a result, the mayor suggested that he and the city staff look at language that would address noncompliance and neglect by developers and bring it back to the council at a future council session.  As a result, council members tabled the ordinance, allowing it to be brought back at a future council session.