Page 11 - Sites_July 16

A LETTER FROM STEVE LAINS,
BAGI PRESIDENT
Dear Members,
I want to inform the BAGI Membership about an important step the association has taken to try and prevent further current government overreach affecting local builders. Increasing standards and regulations by local municipalities is ultimately preventing local builders from meeting demand for their products.
BAGI and IBA led a lawsuit against the City of Greenwood in Johnson Superior Court. ArborHomes,LLCisthebuilder member representative engaged in
the suit on behalf of the homebuilding industry.
The legal dispute centers on a 2015 ordinance that violates Indiana State Law by illegally taking property rights without due process or compensation. In this instance,Greenwoodisattemptingto enforce building requirements with a result of excluding buyers who cannot afford the higher prices imposed by the newrequirements. InGreenwood,this means that the 47% of existing Greenwood households could not afford to buy a new home in the community today given the tight supply of existing homes available for sale.
BAGI believes that the statute is clear regarding the time property rights vest inabuilder/developer. Inmanycases for construction, this is either the time
of primary plat or development plan approval. Greenwood’sinterpretation means that new sections of approved subdivisions that are already under construction and in some cases nearly complete, are subject to a new set of rulesandregulations. Thiscanleadto increased costs, higher home prices, appraisal gaps and the loss of potential buyers.
Similar building requirements have been imposed by several municipalities over the last 15 years and the legality of many such ordinances is questionable. Indiana’s statute granting municipal zoning powers only allows for such standards for the preservation of architectural elements that already existinacommunity,suchashistoric
districts. continued page 12
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BAGI TAKES
IMPORTANT STEPS IN PREVENTING
GOVERNMENT OVERREACH