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Commissioners flag homeowner associations and deed covenants as barriers to infill
Summary
Staff told the Planning Commission that private restrictions — HOAs and deed covenants — can limit where infill, ADUs and duplex conversions are possible in South Burlington, raising equity questions about which neighborhoods can add housing.
Planning staff raised concerns that homeowners associations, deed restrictions and similar private covenants can make it harder for homeowners to add accessory dwelling units (ADUs), split single‑family homes into duplexes or pursue other forms of infill. Staff emphasized that private covenants are contractual and that the city’s authority to override existing private restrictions is limited; state law is likely the appropriate forum for any broad prohibition on private covenants.
Staff explained the differences between HOAs and deed restrictions, noting HOAs have bylaws and governance that can be active or dormant and deed restrictions may apply to small groups of parcels. “Homeowners associations can apply, have bylaws,” a presenter said, describing how covenants can restrict lot sizes, building types and aesthetic choices. Commissioners and staff noted that older neighborhoods without HOAs may be positioned to receive more of the infill allowed by recent LDR changes, creating an equity concern if new housing opportunities are concentrated in some neighborhoods but not others.
Next steps discussed included conducting a legal scan and mapping to determine the scope of private restrictions within the city and considering regional or state advocacy where municipal authority is limited.
