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Council approves two Creeks Edge developer agreements with new HOA reservation language
Summary
The council approved developer agreements for Creeks Edge subdivisions (phase 1 and Addition No. 1) authorizing improvements, stormwater maintenance, surety and new reservation‑of‑rights language to allow the city or lot owners to establish an HOA later if the developer fails to record covenants.
The Common Council on Feb. 2 approved two related developer agreements for the Creeks Edge subdivision that establish improvement obligations, stormwater maintenance responsibilities, and enforcement language aimed at preventing prior problems when homeowners associations are not formed.
City planning and engineering staff (Jim) described the two agreements — a first phase extending Daisy Drive and an Addition No. 1 extending Clearview Drive to the city limits — and said both include standard surety and maintenance provisions. Staff noted a recent amendment to the city’s standard development agreement to add a reservation of rights on page 18 that allows the developer, the city or a majority of lot owners to establish an HOA and record covenants after lot sales if the developer fails to form the HOA as required.
Council members asked about enforcement and the “teeth” of the language; staff said the agreement requires the developer to establish the HOA before selling lots, but the city does not actively monitor every lot sale. The reservation of rights gives the city a legal path to compel formation through the courts or special assessments to assure stormwater and outlot maintenance.
Councillors also discussed construction‑phase controls (street cleanliness and erosion concerns) and confirmed surety requirements and one‑year completion timelines. Both agreements passed on voice votes.
