Skip to content
×
PRO
Pro Members Get Full Access!
Get off the sidelines and take action in real estate investing with BiggerPockets Pro. Our comprehensive suite of tools and resources minimize mistakes, support informed decisions, and propel you to success.
Advanced networking features
Market and Deal Finder tools
Property analysis calculators
Landlord Command Center
$0
TODAY
$69.00/month when billed monthly.
$32.50/month when billed annually.
7 day free trial. Cancel anytime
Already a Pro Member? Sign in here
Pick markets, find deals, analyze and manage properties. Try BiggerPockets PRO.
x
All Forum Categories
All Forum Categories
Followed Discussions
Followed Categories
Followed People
Followed Locations
Market News & Data
General Info
Real Estate Strategies
Landlording & Rental Properties
Real Estate Professionals
Financial, Tax, & Legal
Real Estate Classifieds
Reviews & Feedback

All Forum Posts by: Will Genrich

Will Genrich has started 2 posts and replied 34 times.

Post: Need Team- Texas- Travis County

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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

Post: Austin Leads Nation in Biggest Drop in Active Listings

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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

Post: ADU possible with a duplex?

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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. 

Post: ADU possible with a duplex?

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26
I concur with below. I have always seen them exceptions and reputable title companies will shy away from issuing a title policy with this cloud over the property.

Originally posted by @Alex G.:

@Peter Walther Matter of records, such as Deed Restrictions, are always exceptions on a title policy unless they are removed prior to closing. I don’t believe a title policy will ever cover deed restrictions. This would be inviting a litigation.

Post: ADU possible with a duplex?

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

@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.

Post: Can you rent out the ADU without living in the SFH?

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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.

Post: Can you rent out the ADU without living in the SFH?

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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.

Post: ADU rules in Austin suburbs - Leander, Cedar Park etc.

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26
Originally posted by @Ryan Kelly:

@Madhu G. Will is a GREAT guy and I recommend visiting with him if you want to explore development. 

I appreciate the kind words and recommendation @Ryan Kelly  

Post: ADU rules in Austin suburbs - Leander, Cedar Park etc.

Will GenrichPosted
  • Developer
  • Austin, TX
  • Posts 38
  • Votes 26

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