Residents of the Hillcrest condos and neighboring Parkview at Hillcrest thought they might have a powerful legal document to help them prevent construction of an affordable housing complex in their community. 

The document is called a Declaration of Restrictive Covenants. It states that 80% of the residents of the Hillcrest PUD must approve PUD expansion before more construction can take place. The PUD is maxed out, which is why developers are asking the City of Hollywood to increase it. A PUD is a Planned Unit Development community. 

Community leaders quickly realized we needed help dealing with the legal and political morass. And their first step was to find a land use lawyer who would represent our interests. Legal counsel is a must if we are going to deal with a prominent local landowner and a South Florida affordable housing group favored by the City of Hollywood. Jason Tobin owns the land; the Housing Trust Group has already built affordable housing developments in Hollywood. 

In fact, despite knowing about the Declaration of Restrictive Covenants, the City had already set in motion the approval process for the affordable housing proposal. Two City sounding boards – known as PACO and TAC – moved things along to the Hollywood Planning and Development Board. That Board was scheduled to review the plan and issue a recommendation in May. But that didn’t happen because the developers requested a delay, apparently to refine the project. No date has been set for the Planning and Development Board meeting, which recommends action before the Hollywood City Commission discusses and votes on the issue. 

At stake: whether more than 100 units of rental housing get built in an area already struggling with congestion and lack of parking, as well as more than 1,000 rental units approved for construction adjacent to and down the road from Hillcrest. If approved, office space will be built on the ground floor, along with parking spaces that leaders believe is inadequate. 

Therefore, hiring an attorney was an important first step. The community leaders, with their attorney, then needed to define a course of action. Since a City official had muddied the water about whether the developers could build affordable housing at 1101 Hillcrest Drive, in the heart of Hillcrest, attorney and clients decided to consult a surveyor. The surveyor will review the Declaration, which laid out the PUD composition in surveyor terms. 

If 1101 Hillcrest Drive is indeed in the PUD, leaders planned to ask their attorney to go to Broward Circuit Court to fight. If it wasn’t, they were prepared to continue speaking with city commissioners who would then have the final say on the affordable housing plan. 

In 2016, Broward County also secured a Declaration of Restrictive Covenants before approving land use changes that made Parkview at Hillcrest a reality. Ironically, the Declaration came into existence when Hillcrest unit owners agreed to let 645 houses and townhomes be built on their two shuttered community golf courses. That new development is called Parkview at Hillcrest, where some properties now sell for more than $1 million. Compounding the irony, we need to learn if Washington Palms is part of the PUD. If it is, then their 48 units should have been deducted from the 645 units approved for Parkview at Hillcrest. If so, who at City Hall in 2016 allowed the breach of the maximum 3000 units, based on the PUD guidelines? 

If the City of Hollywood approves the current affordable housing proposal, the development will set aside units for people at 80%, 60% and 30% of the Area Median Income. It’s worth noting that the Housing Trust Group has a very good reputation. It has even built affordable housing developments in Hollywood, including Hudson Village, at U.S. 1 and Washington Street. 

And at a Town Hall meeting with Hillcrest and Parkview residents, representatives from the Housing Trust Group highlighted the quality of their buildings, the wide range of amenities offered, their thorough tenant screening process, strong building security, and consistent property maintenance. 

Our own City Commissioner, Idelma Quintana, in an email after the Town Hall, stressed the need for affordable housing in Hollywood and surrounding locales. She said, “The Broward County Area Median Income is currently around $74,000,” with many Broward County residents struggling to pay rent and survive. Quintana also sent along this link: https://broward-county-housing-affordability-bcgis.hub.arcgis.com/. 

Our leaders agree, but not at the expense of our community. 

It is too early to say what will happen. But an attorney for the developers told the Town Hall meeting that it’s always possible to walk away from the proposed federal affordable housing program and invoke the state’s Live Local Act, which makes the approval process easier for developers. That law was passed in 2023 to spur affordable housing, basically in areas considered commercial or industrial. A 2025 change in the law, though, includes PUD’s in the Live Local Act umbrella. Live Local also allows for mixed-use developments as long as at least 40% of the rental units are affordable. The state and federal programs provide financial incentives for developers to build affordable housing. 

So, on some levels, it seems developers and government officials are telling Hillcrest and Parkview at Hillcrest residents to PUDgetaboutit and welcome the building to the neighborhood. Will a Court get the final say?