Neighborhoods with preexisting internal contracts are exempted from new legislation requiring all Washington cities to permit duplexes and other ‘missing middle housing.’
Earlier this year, the Washington state legislature passed legislation aimed at eliminating single-family zoning and creating more diverse and abundant housing options in the state. However, as David Gutman and Daniel Beekman report in The Seattle Times, “homeowner associations and other ‘common interest communities’ that have internal contracts or documents governing their zoning rules” are exempt from the new law, effectively allowing them to remain exclusively zoned for single-family homes.
“Because homeowner associations and common interest communities have preexisting, legally binding contracts regarding their zoning rules, the Legislature can’t change those, said Rep. Jessica Bateman, D-Olympia, the bill’s lead sponsor,” explaining the exemption. “The bill does explicitly bar homeowner associations from making new contracts or agreements to try to prohibit duplexes and other kinds of middle housing. But it only applies to future agreements, those enacted after the law becomes effective.”
According to University of Washington law professor Hugh Spitzer, “people can put restrictive covenants on their properties and you can’t have a law that comes in and wipes that out,” except in the event that the law is related to safety, such as the requirement to add a fire escape. Yet state law does, as Gutman and Beekman point out, govern some aspects of homeowner association rules, including legislation that bans HOAs from prohibiting certain flags, political signs, and solar panels.
The authors remind readers of the sordid history of HOAs. “In Seattle, and across the country, many homeowner associations were created a century ago for the express purpose of excluding racial and religious minorities.” The article continues, “These are the same communities that today won’t be touched by middle housing, which supporters of HB 1110 say can diversify neighborhoods by providing options at different price points.”
FULL STORY: WA’s new ban on single-family zoning exempts some of Seattle’s wealthiest neighborhoods
Planetizen Federal Action Tracker
A weekly monitor of how Trump’s orders and actions are impacting planners and planning in America.
The state-sanctioned urbicide of Austin
People don’t kill cities. Freeways do.
US to reduce Colorado River water deliveries to Mexico
A new Colorado Treaty amendment reduces Mexico’s Colorado River water allocation by 250,000 acre feet.
Baltimore to break ground on $50 million Transit Priority Project
The project will bring faster bus trips, safer streets and better bike connections to Baltimore.
Airbnb launches $250 million 'last-dollar financing' housing accelerator, makes first investment in Austin
The company will put $6.4 million towards affordable housing development in Texas’ capital.
Guerilla urbanists are building DIY bus stop benches in Chicago
A before-and-after of one of the bus stops with a new bench. The new benches are not officially sanctioned or permitted, but the residents who placed them hope they will be the start of a network of DIY benches across the city.
FREE Course: Walkable City 1: Why Walkability?
After describing his path towards focusing on walkability as the essence of good planning, Jeff Speck marches through his five principal reasons for making more walkable places.
Reinventing Malls: Planning Alchemy—Turning Gray Fields Into Gold
The course focuses on the opportunities and imperatives that shape reinvention of mall sites.
Eagle County Government
Harvard University Graduate School of Design
Nashville Planning Department
The Architects Foundation
University of Cincinnati Online
The Pocatello Development Authority
The Urban Renewal Agency of the City of Pocatello
Journal of the American Planning Association