All Forum Posts by: Will Genrich

I'm real estate developer and also an agent. I would be glad to meet-up and connect.

https://www.foxbusiness.com/te...

And yet the City of Austin does nothing to help increase new build supply.

My reading of point #2 is that you could receive approval for your 4 unit condo project if you obtain consent/agreement for all the current owners in the subdivision (since I'm assume the original subdividers have passed on).

I agree with @Alex G. that you would need unanimous agreement to have the restrictions completely removed. 

@Chris Schorre Your understanding and the advisement of your attorney is correct. The City of Austin does not enforce deed restrictions and will even grant you building permits based on the zoning. However deed restriction are superior restrictions to zoning in every way and open you to an objection and legal action brought by any neighbor at anything within the platted subdivision. With most of these older deed restriction are written with perpetual renewal clauses (unless removed) so an objection can be brought at anytime by any current or future owner without limitations. @Rick Reeder idea is a good one, however, just one other current or future owner in your subdivision can bring the legal action regardless if all the other owners are fine with what you are or have bult. Basically if the deed restriction are in place you are always open to being sue from pursuing a non-legal use.

Another issue is that when you go to sell the condos a reputable title company is going to pull those deed restrictions in their title search which with show your now current development is a non-legal use and therefore will not provide title insurance which will in effect make the condo units unsellable whenever title insurance is required which is obviously most financed transactions.

You're welcome. Glad to help and be of service. Permitting can take anywhere from 60 to 180 days depending on design of the ADU, the configuration of that lot, environmental conditions, and other related development issues and matters. The City of Austin development department continues to work remotely for the time being so the timeline for permit obtaining has been a bit longer but not really unusually so for Austin where sometimes permitting can get back-up and take a while. I'm experienced in navigating the process.

Jin, I am experienced real estate developer who specialize in ADU developments here in Austin, TX. In answer to your question, yes, you can rent the ADU without living in the primary SFH as long as it is a long term rental, i.e. 6+ months.

I appreciate the kind words and recommendation @Ryan Kelly  

@Madhu G. I'm developer who specializes in ADU developments and would be willing to consult with you.