Embedded Files
Proposed Amendments and Ballot
On this page, we provide detailed information on the proposed amendments that we oppose.
Our goal is to ensure homeowners are fully informed about the long-term implications of permanently attaching these rules to their property deeds.
Many of the proposed amendments are redundant, as they are already covered by city ordinances, which are more clearly written and provide the necessary specificity to prevent arbitrary and capricious enforcement.
In contrast, the vague nature of these amendments opens the door to targeted enforcement, which may not serve the best interests of the entire community.
It's crucial for homeowners to understand these implications before making a decision.
Amendment 1
Amendment 1
Short Term Rental of Property
Short Term Rental of Property
Amendment 1
Short Term Rental of PropertyProposed Amendment
(a) Leasing any portion of a dwelling, lot, or amenity thereon, for which the owner receives any consideration or benefit, for less than 30 consecutive days is prohibited, except as provided in subsection (b) below.
(b) Property owners in possession of Short Term Rental permits issued by the City of San Antonio prior to the date this Amendment was filed in the Bexar County Real Property Records shall be permitted to operate through the expiration of said permit’s current term. Subsection (a) above shall prevail thereafter.
Amendment 1
Short Term Rental of PropertyExisting Provisions and Governance
The City of San Antonio has ordinances that regulate Short Term Rentals (STR).
ALL Short Term Rentals require a permit and unpermitted STR operations are subject to enforcement actions.
City of San Antonio policies are comprehensive and the permits of nuisance STR operations can and will be revoked.
Short Term Rental Regulations
Click here for more information regarding City of San Antonio Short Term Rental regulations.
Short Term Rental Fact Sheet
Short Term Rentals (STR) Application, Permits & Enforcement Fact Sheet
Report a Problematic Short Term Rental
Unpermitted and problematic Short Term Rentals can be reported to the City of San Antonio using the form here:
Enforcement Process
Once a complaint is logged into the 311 system, the complaint is forwarded to the Code Enforcement Section.
An inspection takes place within 3 days.
A 14-day notice will be issued for an observed violation.
If the violation has not been corrected at the time of reinspection, a citation is issued for up to $500 per day the property remains in violation of the STR ordinance.
Short Term Rental Map - Active, Expired, and Revoked
All active, expired, and revoked Short Term Rental (STR) permits are publicly accessible via the link provided here:
STR operators (property owners and/or property managers) are required to provide a 24-hour emergency contact. The names and phone numbers of STR operators are available on the STR Activity Report and Map.
If a Short Term Rental property is being a nuisance, then yes! you can call the owner or property manager at any time - their phone numbers are required to be public.
Amendment 1
Short Term Rental of PropertyRedundant
Overreaching
Concerns
Leaseback Contracts:
A leaseback contract after a home sale is an arrangement where the seller of the home becomes a tenant and rents the property from the new owner (the buyer) for a specified period after the sale is finalized. In essence, the seller "leases back" the home they just sold, allowing them to continue living there temporarily, usually under the terms agreed upon in the leaseback agreement.
This type of contract is often used when the seller needs more time to move out, such as when they are waiting for a new home to be ready, need to coordinate moving logistics, or are simply not ready to relocate immediately after the sale. The leaseback agreement outlines key details like the rent amount, the duration of the lease, and any other conditions or responsibilities of both parties (e.g., utilities, maintenance, etc.).
The proposed amendment, as currently written, would prohibit leaseback contracts of less than 30 days.
Conclusions
The proposed amendment is redundant and overreaching.
Such an amendment would significantly undermine the rights of homeowners by restricting their ability to enter into leaseback contracts, a common and practical arrangement in real estate transactions.
By failing to provide exemptions for leasebacks, this amendment would create unnecessary hardship for both buyers and sellers, forcing them to navigate around restrictions that don’t account for the realities of the market. This lack of clear, requisite legal language is impractical and unreasonable, making it unacceptable to attach such an ambiguous and overreaching restriction to a property deed.
Additionally, we can conclude with some certainty that the City of San Antonio enforces existing Short Term Rental regulations because WOHA President, Peter Lund, had his STR permit revoked.
Amendment 2
Amendment 2
Accessory Dwelling Units
Accessory Dwelling Units
Amendment 2
Accessory Dwelling UnitsProposed Amendment
Each lot within Whispering Oaks shall be allowed a maximum of one single-family dwelling.
Amendment 2
Accessory Dwelling UnitsExisting Provisions and Governance
The City of San Antonio has comprehensive requirements for accessory dwelling units, which include planning, permitting, and inspection.
City of San Antonio inspection requirements for accessory dwelling units are the same inspections performed for any residential building, which include all required mechanical, plumbing, and electrical inspections.
All attached structures require a permit. All additions require a permit.
No building may be constructed within 5 feet of an interior lot line. Minimum setback requirements for residential structures can be as much as 20ft depending on the type of structure. Setback requirements outlined in existing covenant restrictions may be more stringent depending on your unit.
Accessory dwelling units may only be constructed in the rear of the lot.
Accessory dwelling units cannot legally be built willy-nilly. The extensive list of required documents can be found here:
City of San Antonio New Residential Permit Information
City of San Antonio ADU Definition:
An Accessory Dwelling Unit (ADU) is a small home located on the same lot as a larger, main house. It typically includes essential amenities such as a bathroom, kitchen, living space and providing a self-contained living area.
ADUs can be created in two ways:
Attached – ADUs can be connected to the main house, like an add-on or garage apartment.
Detached – ADUs can stand as a separate building from the main house.
Maximum allowable footprint for an ADU: Accessory dwelling units shall not exceed 800 sf gross floor area or 50% of the gross floor area of the primary structure up to a maximum of 1,600 sf.
Minimum required setbacks: Accessory detached dwelling units require a minimum setback of 5 ft from the side and rear property lines; the setback may be reduced to 3 ft if the structure has no overhang. Attached accessory dwelling units shall meet the required setbacks of the primary structure governed by the underlying zoning district. Minimum fire ratings and setbacks must comply with the International Residential Code.
Other restrictions for ADUs: Only one ADU is permitted per lot, and it must be in the rear; ADDUs over 800sf gross floor area shall have one parking spot; and an ADDU may not exceed 25 ft or two stories in height. The property owner must occupy either the principal unit or the ADU as their permanent residence. The owner must also record a covenant with the items in 35-371(a)(1) with the Bexar County Clerk.
Existing Covenants:
No Temporary Structures:
No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other out-building shall be used on any lot at any time as a residence either temporarily or permanently.
Amendment 2
Accessory Dwelling UnitsRedundant
Overreaching
Impractical
Concerns
Accessory dwelling units must adhere to the minimum setback requirements already established in the property's restrictive covenants, which vary by unit. Given the comprehensive nature of these covenants, along with CoSA ordinances, permitting requirements, and inspection requirements, it is highly unlikely that an additional single-family dwelling could be constructed on a lot while remaining in compliance. Any structure built under the existing stringent rules would be unlikely to pose a nuisance to neighbors and would most likely either be barely visible or not be visible at all from the street, further minimizing any potential impact.
Conclusion
The existing covenants already address the issue of using sheds and temporary structures as dwellings, effectively managing concerns around non-permanent structures.
However, the proposed amendment would go too far by prohibiting all permanent structures, including those that have already been legally built.
This broad restriction could unfairly impact homeowners who have lawfully constructed additional structures on their property, potentially forcing them to alter or remove them despite being in compliance with current regulations.
Such an amendment would undermine the rights of homeowners who have followed the established rules, creating unnecessary hardship and limiting future property use without clear justification.
How do we intend to enforce a covenant that prohibits dwellings that have already been legally permitted and constructed?
Will homeowners be required to demolish their guest houses under this provision?
Amendment 3
Amendment 3
Oak Wilt Mitigation
Oak Wilt Mitigation
Amendment 3
Oak Wilt MitigationProposed Amendment
Oaks trees shall not be cut from February 1 through June 30, except in response to an act of nature, life-threatening emergency, or removal of the entire tree. Each cut shall be properly sealed within 30 minutes. Property Owners who become aware of oak wilt infection within their lot shall promptly advise owners of adjoining properties.
Amendment 3
Oak Wilt MitigationExisting Provisions and Governance
City of San Antonio Tree Ordinance FAQ
City of San Antonio Tree Ordinance
The city of San Antonio Tree Ordinance already requires that all cuts and wounds on oak trees shall be painted within 30 minutes. This is the law.
Existing Penalties
Violation of any of the provisions of this section shall be a misdemeanor offense and shall be punished by a fine of not less than fifty dollars ($50.00) nor more than five hundred dollars ($500.00) for the first offense and a fine of not less than one hundred dollars ($100.00) nor more than ($500.00) for the second offense.
Amendment 3
Oak Wilt MitigationRedundant
Overreaching
Concerns
Oak Wilt Beetle Activity
The activity of the beetle that spreads the fungus responsible for Oak Wilt Disease is not dictated by seasons, but by temperature. The seasonal pruning recommendations are based on expected temperatures. The beetle is less active when it is very hot and very cold.
There is no harm in pruning an oak tree in June when we are routinely experiencing record-breaking high temperatures.
We broke 100F temperatures not only in June of 2024, but May of 2024 as well.
How do you know if it's okay to trim or prune your oak trees? Go outside.
Is it too hot for mosquitos? Is it too cold for mosquitos? Then it's too hot/cold for the beetles.
Like mosquitos, beetles don't check a calendar before deciding to head out for the day.
Insurance Implications
Homeowners should not feel obligated to postpone necessary tree maintenance simply due to a missed calendar window. Delaying such upkeep can lead to serious safety hazards and costly damage, making timely maintenance essential.
Decisions about tree care are best left to the informed judgment of the homeowner, who understands the unique needs of their property.
Furthermore, if delays result in higher homeowners insurance premiums, will the HOA be responsible for covering those increased costs?
Conclusion
The proposed amendment is both redundant and overreaching. The requirement to seal all wounds on oak trees within 30 minutes is already codified in existing law, rendering this provision unnecessary.
Additionally, the amendment fails to define key terms like "dead" or "dying" trees, unlike the existing city ordinance, which offers clear definitions. This lack of clarity opens the door to arbitrary and capricious enforcement, relying on subjective judgment from non-experts rather than established legal standards.
Homeowners know what is best for their property and can make decisions based on their own informed judgment.
Amendment 4
Amendment 4
Lot Maintenance
Lot Maintenance
Amendment 4
Lot MaintenanceProposed Amendment
Yards visible from the street shall be maintained in a tidy manner.
Grass shall not exceed 10” in height, weeds shall be deterred, and debris shall be removed.
Dead or visibly dying trees and shrubs shall be removed and stumps reduced to soil level.
Fencing shall be maintained.
Rainwater cisterns shall be concealed behind fencing.
Household furnishings intended for indoor usage shall not be stored in view of the street.
This Amendment shall supersede any existing clause regarding Lot Maintenance.
Amendment 4
Lot MaintenanceExisting Provisions and Governance
2021 San Antonio Property Maintenance Code
302.1 Exterior maintenance. All exterior property and premises shall be maintained in a clean, safe, and sanitary condition and free of outside placement, hazardous vegetation, or surface hazards. The occupant shall keep that part of the exterior property which such occupant occupies or controls in a clean and sanitary condition.
302.4 Weeds. All improved premises and exterior property shall be maintained free from weeds or plant growth in excess of twelve (12) inches in height. All noxious weeds shall be prohibited. Weeds shall be defined as all grasses, annual plants, and vegetation, other than trees or shrubs provided; however, this term shall not include 1) cultivated flowers and gardens, (2) native grasses, perennials and annual plants installed as part of a landscaping design, or 3) natural or manmade "rough" areas as part of golf course in current operation.
HAZARDOUS VEGETATION. Dead and dying trees, tree limbs or other natural growth which, by reason of rotting, deterioration, physical damage or storm damage constitutes a hazard to persons or structures within the vicinity thereof.
OUTSIDE PLACEMENT. Any item, which is not customarily used or stored outside or not made of a material that is resistant to damage or deterioration from exposure to the outside environment, for a period in excess of twenty-four (24) hours. Said items include, but are not limited to, auto parts, appliances not in service, metal or wood products or parts not converted to a final use, beverage, food or other containers not stored within a closed household recycling bin or refuse container, plumbing fixtures commonly used indoors or that have been converted to another use. This includes placement in a structure that is open or not completely enclosed, including any porch cover or carport or upon any open porch or under any tarp.
302.7.1 Fences. All fences, facing the street frontage of the premises or adjacent to a public way, and those fences that are required by other federal, state, or local ordinance, shall be maintained structurally sound and in good repair. Any of the following conditions shall be corrected: 1. Any fence, or any portion thereof, out of vertical alignment by more than fifteen (15) degrees. 2. Rotted, fire damaged or broken wooden support posts or cross members shall be repaired or replaced. 3. Broken, fire damaged or missing wooden slats shall be repaired or replaced. 4. Broken or severely bent metal posts or torn, cut or ripped metal fencing materials shall be repaired or replaced. 5. Any fence, or any portion thereof, having loose bricks, stones, rocks, mortar, masonry, or similar materials shall be repaired or replaced. The above requirements shall not prohibit a fence, or any portion thereof, from being removed if the remaining portions are safe and in good condition and the erection and maintenance of a fence is not otherwise required by law
Texas State Law - Property Code: Restrictive Covenants
Sec. 202.007. CERTAIN RESTRICTIVE COVENANTS PROHIBITED. (a) A property owners' association may not include or enforce a provision in a dedicatory instrument that prohibits or restricts a property owner from:
(1) implementing measures promoting solid-waste composting of vegetation, including grass clippings, leaves, or brush, or leaving grass clippings uncollected on grass;
(2) installing rain barrels or a rainwater harvesting system;
(3) implementing efficient irrigation systems, including underground drip or other drip systems; or
(4) using drought-resistant landscaping or water-conserving natural turf.
In layman's terms, an HOA cannot prevent a homeowner from composting, using rain barrels, or using drought-resistance landscaping.
SAWS/GardenStyleSA has a wonderful overview of drought-resistance native plants.
Amendment 4
Lot MaintenanceRedundant
Lacking Specificity
Overreaching
Concerns
Please explain exactly how you intend to define "tidy" in legal terms? Because, frankly, that's quite a vague and subjective term to use in a legal context.
Should the rocks that border my garden be arranged in ascending order by size? Should my flower beds be color-coded?
The requirement that dead or visibly dying trees and shrubs must be removed, and stumps reduced to soil level, effectively mandates stump grinding. Stump grinding is not easy. This requirement adds considerable cost and labor to the already demanding task of tree removal, placing an additional physical and/or financial burden on homeowners.
The proposed amendments, in their current form, fail to meet the legal standard of "fair notice." Providing fair notice is a fundamental aspect of due process, ensuring that individuals subject to enforcement can clearly understand the specifics of the laws or regulations they are expected to follow. Fair notice requires that the language of the law be clear, specific, and unambiguous, so that any reasonable person can comprehend what is prohibited or required.
Conclusion
The proposed amendment, in its current form, lacks the necessary specificity and clarity to ensure consistent and fair enforcement.
Without clear guidelines or defined standards, the amendment opens the door to arbitrary and capricious enforcement, meaning decisions could be made on a whim, influenced by subjective interpretations, or applied inconsistently across similar situations. This creates a significant risk of unfair treatment, as enforcement could vary based on personal biases or differing interpretations of vague language.
The existing city ordinances already provide the requisite fair notice by offering clear and comprehensive guidelines on how lots should be maintained. These ordinances include specific language that ensures homeowners understand their responsibilities, enforcement procedures, and the timelines for compliance. Additionally, they outline well-defined enforcement actions and processes, leaving little room for ambiguity. These existing laws ensure that any necessary actions, such as property maintenance or abatement, are handled transparently, with clear notice to property owners, thus preventing arbitrary enforcement.
Amendment 5
Amendment 5
Inoperable & Dormant Vehicles
Inoperable & Dormant Vehicles
Amendment 5
Inoperable & Dormant VehiclesProposed Amendment
Vehicles that cannot be legally operated on roadways in the state of Texas, or cannot be shown to be operable, shall be stored inside a garage or under a carport.
Amendment 5
Inoperable & Dormant VehiclesExisting Provisions and Governance
Cosa City Ordinance Chapter 19, Article X.
Sec. 19-356. - Definitions
Sec. 19-356. - Definitions
Inoperable means a vehicle that is in such condition at the time of inspection, that it is no longer usable for the purpose for which it was manufactured, regardless of the potential for repair or restoration. If the vehicle is wrecked, dismantled or partially dismantled it is presumed to be inoperable.
Junked vehicle means a vehicle that is self-propelled or was manufactured to be self-propelled, or any part thereof, in ordinary public view, which remains inoperable for a continuous period of ten (10) days.
The City of San Antonio reserves the Authority to Abate nuisance vehicles.
Sec. 19-359. - Authority to abate nuisance.
A junked vehicle or part of a junked vehicle as a public nuisance may be abated and removed from a private or public property or a public right-of-way if the following procedures are followed:
(1)A person authorized to administer the procedures to abate and remove the nuisance may enter private property to:
a. Examine a public nuisance;
b. Obtain information to identify the nuisance; and
c. Remove or direct the removal of the nuisance.
(2)A public hearing shall be provided before removal of the public nuisance if requested in writing by a person to whom notice is required under subsection 19-361(a)(3).
(3)The municipal court may issue necessary orders to enforce the procedures of this article.
(4)Procedures for abatement and removal of a public nuisance must be administered by regularly salaried, full-time employees of the municipality or county, except that any authorized person may remove the nuisance.
City of San Antonio Statement on Junk Vehicles
Code Enforcement Services investigates for vehicles that are inoperable and/or wrecked or dismantled for more than 10 days on private property.
The vehicle is considered operable if all tires have air and the engine starts.
This service request type will be investigated within 3 working days. The City is required to provide written notice to the vehicle owner(s), lien holder(s), and property owner(s) and receive written receipt of the notification. The City will work with the property to achieve compliance within 45 working days.
To request this city service, you may submit the form below, use the City’s 311SA Mobile app or call 311 Customer Service at 3-1-1 or 210-207-6000. 311 is available seven days a week from 7am-7pm and 8am-5pm on holidays.
To report junk or abandoned vehicles on city streets, please call the non-emergency police at (210) 207-7273.
Junk vehicles can also be reported here.
Amendment 5
Inoperable & Dormant VehiclesRedundant
Lacking Specificity
Impractical
Overreaching
Concerns
Keep in mind that a vehicle that is in violation of Texas Transportation Code Chapter 547 in any way is not legally operable on public roadways. A vehicle with a broken horn would be in violation of the proposed amendment, for example. A vehicle with a burnt-out headlight is not legally operable on public roadways and would be subject to enforcement actions based on the proposed amendment. The proposed amendment offers no additional clarification of "operable" and does not define the period of time for a vehicle to be considered dormant.
The phrase "cannot be shown to be operable" implies that homeowners must prove to the HOA that their vehicles are in working order, which is both overreaching and unnecessary. This requirement places an undue burden on homeowners, who should not be obligated to demonstrate the operability of their personal vehicles to the HOA. Such a provision goes beyond reasonable enforcement and opens the door to intrusive monitoring, which is neither fair nor justified in a residential community setting.
Conclusion
The existing city ordinances are more than sufficient to address issues related to junked and inoperable vehicles.
These existing ordinances provide clear definitions, detailed nuisance abatement procedures, enforcement protocols, rights to a hearing, and specific timeframes for compliance.
In contrast, the proposed amendment is overly broad and opens the door to arbitrary and capricious enforcement.
It would prohibit the storage of vehicles in a driveway for minor issues like a burnt-out headlight, brake light, or expired registration, regardless of whether the vehicle can be driven.
The amendment also lacks any specified timeframe for repairs, effectively requiring that vehicles be 100% compliant at all times. This means that even a vehicle in need of a simple repair could be in violation.
Do we really want a covenant permanently attached to our property deeds that allows neighbors to take legal action for something as minor as a burnt-out headlight?
Additionally, how does WOHA plan to conduct the comprehensive vehicle inspections necessary to enforce this amendment?
The existing City of San Antonio ordinance already provides the needed specificity to distinguish between truly inoperable vehicles and those with minor, repairable issues, making this proposed amendment unnecessary and excessively intrusive.
Amendment 6
Amendment 6
Common Area Fund
Common Area Fund
Amendment 6
Common Area FundProposed Amendment
Each residence shall remit an assessment in the amount of twenty-five dollars ($25) to the Whispering Oaks Common Area Fund during March of each year.
Contributions to the Fund shall be used to maintain and enhance the entrances and perimeter landscaping of the subdivision and to administer the Fund.
The Fund shall be administered by the Whispering Oaks Homeowners Association Inc. who shall publish an annual summary of collections and expenses.
The assessment shall increase one dollar ($1) each calendar year. A processing fee of four percent (4%) may be applied to electronic remittances.
Delinquent remittances shall incur a five percent (5%) penalty each calendar month and shall be paid in full prior to transfer of property ownership.
Amendment 6
Common Area FundExisting Provisions and Governance
WOHA is currently a voluntary HOA.
Property owners are under no legal obligation to join WOHA or contribute financially to WOHA.
Amendment 6
Common Area FundOverreaching
Impractical
Concerns
$25 per year from over 800 households is $20,000.
The proposed amendment specifies that these funds must be exclusively allocated for the maintenance and enhancement of the entrances and perimeter landscaping, as well as for the management of the funds themselves. As a result, the funds cannot be utilized for any other purposes.
I am interested in understanding how WOHA plans to justify spending $20,000 annually on perimeter landscaping, particularly considering how much of that landscaping may actually fall under city property. The maintenance of the Lockhill-Selma wall is the responsibility of the homeowners and would not be included.
WOHA should provide a map of all common areas that will be maintained with these funds. Is this only the entrances? The swimming pool and tennis courts are not common areas.
Do any members of WOHA board own a landscaping company?
Any group has the ability to form a homeowners association. We are not bound to WOHA. We can independently form an association to raise funds for the maintenance of perimeter landscaping.
Furthermore, we can independently form an association that raises funds for the maintenance of perimeter landscaping on an as-needed basis, rather than on a basis of mandatory contribution.
Amendment 7
Amendment 7
Enforcement
Enforcement
Amendment 7
EnforcementProposed Amendment
The Whispering Oaks Homeowners Association shall be authorized to enforce Restrictive Covenants within the Unit indicated below.
Amendment 7
EnforcementExisting Provisions and Governance
"Enforcement shall be by proceedings at law or in equity against any person or persons violating or attempting to violate any covenant, either to restrain violation or to recover damages."
This provision, included in the covenants attached to your property deed, means that if someone breaches or attempts to breach a covenant (a legally binding agreement tied to the property), enforcement can take place through legal action. This could involve two main approaches:
Legal Proceedings (at law): This would involve a lawsuit aiming to recover financial compensation (damages) for harm caused by the violation.
Equitable Proceedings (in equity): This involves asking the court to issue a remedy that prevents or stops the violation (such as an injunction), rather than seeking monetary compensation.
In simpler terms, legal action can either stop the violation from continuing or ensure compensation for any damages caused.
All Whispering Oaks property owners already possess enforcement authority due to this provision in the covenants attached to their property deeds. This clause grants each homeowner the right to take legal action against any individual who violates or attempts to violate the established rules.
This means that if someone disregards a covenant, any property owner has the ability to file a lawsuit to either stop the violation or recover damages.
Amendment 7
EnforcementRedundant
Overreaching
Conclusion
WOHA is requesting that you vote to grant them to right to sue you.
The broad use of "the right to enforce" without any further specificity does not grant WOHA unlimited enforcement powers. They will be granted the same enforcement powers that WOHA and individual owners already possess.
The proposed amendment as it is currently written does not grant any additional enforcement powers, such as the authority to issue fines, impose liens, or initiate foreclosure actions.
Summary
Summary
Why would an association want to impose such vague rules when the issues they aim to address are almost entirely covered by clear and concise city ordinances?
Instead of improving neighborhood aesthetics or cohesion, these ambiguous rules seem more like a means to selectively target individuals under the guise of enforcement.
If the intent were truly to benefit the community, why not rely on the specific, fair, and enforceable standards already established by city ordinances? Or at least duplicate the exacting legal language of the existing ordinances?
It’s especially concerning that after two years of WOHA obtaining legal counsel, these proposed amendments were drafted with such vague language. It seems odd that any self-respecting attorney would produce something so ambiguous and open to misinterpretation.
These proposed amendments create an opportunity for selective enforcement, which is neither transparent nor in the best interest of the neighborhood.
Ballot
Ballot
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