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Waite Hill council tables ordinance that would require proof of HOA approval after resident objection
Summary
After a public hearing, the Waite Hill Village Council tabled Ordinance No. 2026-5—an amendment to Section 1127.17 that would require applicants to prove they have the right to construct on covenant-restricted properties—after resident Phil Trem warned it would give homeowner associations gatekeeping power over municipal review.
The Waite Hill Village Council on May 11 held a public hearing on Ordinance No. 2026-5, a proposed amendment to subsection (c) of Section 1127.17 of the village Planning and Zoning Code that would require property owners to prove they have the property right to construct proposed improvements when parcels are subject to covenants, conditions or restrictions.
Phil Trem, a Reserve Drive resident and member of his homeowners association, opposed the ordinance at the hearing, saying it would make municipal review contingent on a private organization’s approval. "This ordinance conditions access to a public, municipal process on the decision of a private organization," Trem told council members, arguing that homeowner associations are not subject to the same transparency or due-process rules as public bodies and that the change could delay or block otherwise code-compliant projects.
Trem urged the council to consider less-restrictive alternatives, suggesting the village allow zoning and architectural review to proceed and make any final permit contingent on proof of covenant compliance. "The goal is reasonable," he said, but the proposed approach "goes too far and creates consequences that may not be in the best interest of residents or the Village."
After hearing public comment and discussing Mr. Trem’s concerns, Councilmember Karl Scheucher moved to table the ordinance; the motion was seconded by Councilmember Stephanie Winterer and carried on unanimous roll call. The motion to table pauses final action so council can further consider the resident comments and potential alternatives.
The ordinance text as read would amend Section 1127.17—plan submission requirements—of Part Eleven, Planning and Zoning Code, to require proof of a property right to construct a proposed improvement on property subject to covenants. Council did not adopt the measure and did not set a date for further consideration in the minutes; the item remains tabled pending additional review.
