HOA Alliance meets with the city on home rental cap proposal

The Fishers Homeowners Association (HOA) Alliance was formed three years ago to deal with plans by Verizon Wireless to erect 5G Internet towers in the city’s  neighborhoods.  Verizon has stopped plans for new towers in Fishers for about two years, but the Alliance has continued.

The group held a meeting Wednesday night with Jordin Alexander, Chief of Staff for Fishers Mayor Scott Fadness, to ask questions about the proposed city ordinance capping the number of rental properties allowed in a given subdivision at 10%.  So-called “legacy” homes, those rental properties in place as of December 31, 2025, may remain rental properties even if the subdivision is over the 10% cap, and would no longer be allowed to be a rental once the home is sold (assuming the subdivision is over the 10% threshold at the time of sale).  The proposed ordinance language also provides a list of other exceptions to the 10% cap.

HOA Alliance President Geoff Tease, in opening remarks, revealed results of a survey taken of HOA Alliance members.  According to Tease, 59% of the membership supports the home rental cap and 24% oppose the ordinance.  Also, 60% of Alliance members have rental caps in their bylaws, 41% do not.

The nearly 90-minute session had Ms. Alexander fielding a number of questions, many detailed and technical, but one that raised more than once was enforcement.  How will this ordinance, if enacted, be enforced?

If the HOA has the 10% cap (the ordinance would not allow a higher number) the city would be enforcing any violations and assessing penalties.  However, under the proposed ordinance language, a subdivision HOA that chooses a lower percentage or allows no rental properties (which the ordinance would allow) would likely require the HOA to enforce that violation.

There were a number of other questions raised at the meeting that Chief of Staff Alexander needs to follow-up on and Tease indicated one more session with the city and HOA Alliance will be scheduled to clear up any questions left unanswered before an expected second reading vote by the City Council in April. If Councilors pass the ordinance on second reading, the third and final reading vote would come in May.

The City of Fishers has established a page on their Web site devoted to this proposal, and can be accessed at this link.

The language of the proposed ordinance presented to the City Council in February can be found at this link.