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Councilors debate bill to limit developer voting power on open‑space changes; stormwater and maintenance questions remain
Summary
An ordinance introduced by Councilman Koneko would change UDC provisions so occupied homeowners have more say when open‑space or common‑facility rules change; supporters called it a fairness issue while others asked for protections for stormwater facilities and clarity on developer maintenance obligations.
Councilman Kevin Koneko introduced Ordinance 25‑094 to change the Unified Development Code’s rules on when open‑space and common‑facility requirements can be modified. Koneko said the current two‑thirds rule can allow a developer that still owns many lots to outvote occupied homeowners, and he framed the ordinance as a fairness measure to give residents who live in a development more weight when promised amenities or open space are at stake.
Councilwoman Durham said she supported the proposal as a matter of fairness for buyers who have already vested in promised amenities. Councilman Carter and others expressed concern about how the change could affect stormwater facilities, which the county may assume responsibility for, and asked that stormwater elements be treated separately to avoid unintended consequences for infrastructural responsibilities.
Council members discussed whether developers who continue to pay maintenance dues but would lose voting weight should retain other responsibilities; staff and members agreed to refine the language and separate stormwater and other technical maintenance items for further review. No final vote was taken; the ordinance remains under committee discussion.
