Monday, October 2, 2017

A tank and an HOA square off in Houston

A lawyer in a wealthy Houston neighborhood bought a tank and put it in front of his house.  Turns out that even in "no zoning" Houston, there can be strict land use rules, most often in the form of private regulations from an HOA.  The HOA wants the tank gone.  Video below.

Fascinating, especially in light of the fact that, at the end, the attorney who owns the tank seems to think the HOA is powerless to make him move the tank.  Um, I haven't read this HOA's CC&Rs, but if they are anything like most others, he might the HOA has some pretty crazy remedies at their hands that cities could only dream of.  

Seems like a great teaching case to me, especially because the attorney keeps noting that there is "no ordinance" that prohibits it.  I'd guess he did not take land use in law school.

 

 

http://lawprofessors.typepad.com/land_use/2017/10/a-tank-and-an-hoa-square-off-in-houston.html

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Comments

Maybe he should try to make a Federal Case out of it, like this guy did:

http://www.khq.com/story/34302913/hayden-homeowner-files-lawsuit-against-hoa-claiming-religious-discrimination-against-christmas-display

Posted by: Geoff Schroeder | Oct 2, 2017 7:02:41 PM

I love the link! I really hope this guy sues. I want to teach "the tank case" in a class some day.

Posted by: Stephen R. Miller | Oct 2, 2017 8:22:47 PM