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Spring City staff urges subdivision code changes to require HOAs or maintenance covenants
Summary
Planning and Zoning staff recommended updating Title 11 to incorporate homeowners associations or, at minimum, require legally recorded maintenance covenants with lien authority for new subdivisions to ensure road maintenance and limit future public liabilities; the Packer subdivision dirt road and an estimated $3.4 million backlog for paved roads were cited as immediate concerns.
Planning and Zoning Administrator Craig Paulson told Spring City leaders on Feb. 17 that the city should update its subdivision rules to require either homeowners associations (HOAs) or, at minimum, legally recorded maintenance covenants with lien authority for new subdivisions.
Paulson said incorporating HOA-style governance into Title 11 would give the city tools to manage gravel roads, road maintenance, winter snow removal, stormwater runoff and hammerhead dead-end streets that do not connect to the broader road network. He distributed an outline of recommended ordinance language and said subdivision approvals should be reviewed by the city engineer before final sign-off.
"With additional subdivisions likely coming sooner than later, it would be prudent for the city to formally incorporate homeowners associations into the city code," Paulson said. He emphasized that, if the city approves subdivisions without requiring an HOA, it should at minimum require a recorded maintenance covenant with lien authority to avoid future public liabilities.
Mayor Paul Penrod and residents raised immediate operational concerns tied to the east-side Packer subdivision. Penrod said construction vehicles traveling on the dirt road have governors that limit speeds to about "15 to 20 miles an hour," but added that dust and heavy travel have aggravated tensions with adjacent landowners. He also described the city's work on a Master Transportation Plan that uses automated photo-based road assessments and said the municipality faces an estimated $3.4 million bill to repair paved roads.
City officials and Planning and Zoning members discussed trade-offs. Council Member Courtney Syme asked about the difference between HOAs and gated communities and noted the city code does not allow gated communities; Paulson said not every subdivision needs an HOA but that some situations benefit from the formal structure. Kristen Mortensen described transfer fees and how master and neighborhood associations operate in larger planned communities, saying such structures can be well funded but may also impose significant fees on residents.
Planning and Zoning and council members flagged a pending application, the Strate‑Up subdivision, as an example of where narrow private roads and other nonconforming features may prompt the city to require recorded maintenance covenants or send applicants through the variance process.
Next steps: staff distributed draft ordinance language for Title 11 updates and suggested further review by the city engineer and Planning and Zoning. City leaders agreed to continue discussing the specifics of HOA requirements, maintenance covenant language and how to balance resident protections with developer responsibilities.
