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Board allows application filed before HOA amendment; neighbors say covenants now prohibit short‑term rentals
Summary
Neighbors protested a home‑sharing application in Hefner Village, citing a recently recorded CCR amendment that they say bans short‑term rentals; the board allowed the application to proceed because the filing date predated the recorded amendment and read city ordinance language that gives the board discretion to consider recorded covenants as a basis for denial.
A contested home‑sharing application in the Hefner Village neighborhood drew multiple public protests on March 19 as neighbors argued a recently recorded amendment to their covenants now expressly prohibits short‑term rentals.
Larry Harris, a Hefner Village HOA board member, told the Board of Adjustments the HOA had adopted an amendment (CCR 8.11) that "expressly prohibit[s] short‑term rentals" and added requirements including one‑year ownership and a six‑month minimum stay. "We have passed a new amendment to the CCRs 8.11... we now expressly prohibit short‑term rentals," Harris said.
Planning Department staff member Sarah Welch read language from the city’s amended home‑sharing ordinance, explaining the board may "consider as a basis for denial any restrictive covenant which both, one, specifically identifies home sharing/short‑term rental as that term is defined in section 13 500 of our code... and two, is filed of record against the real property." Welch also explained that staff does not administratively review covenants before docketing — the board hears them during the application.
Applicant Felicia Durant (represented at the hearing by Joey Keck) and her counsel said the application was filed before the HOA amendment was recorded with the county clerk (applicant’s filing was prior to the March 4 recorded date), and the board accepted that timeline as a basis to proceed. The board approved a one‑year term with standard conditions (no on‑street parking, quiet hours 9 p.m.–8 a.m., maximum guests consistent with the property’s configuration) and advised neighbors that future renewals could be reviewed against the recorded covenants.
Board members stressed that while the amended ordinance gives them discretion to consider recorded covenants, it does not automatically require denial; they said the recorded filing date and the applicant’s timely filing were central to their decision to allow the application to move forward. The board recorded the motion, second and approval on the record.
