Whispering Oaks is a self-managed subdivision in which each homeowner is empowered to address violations of local ordinances or the Community Covenants. However the type of violation dictates what to expect. WOHA has very limited enforcement authority, but it provides the following guidance intended to help homeowners be self-sufficient.

​

The majority of neighborhood complaints are violations of local ordinances which are enforced by City staff such as SAPD, Building Inspectors, or Code Enforcement Officers. A homeowner's legal ability to pursue these types violations independently is limited. 

​

Conversely, City staff will typically not intervene on violations which fall exclusively under the Community Covenants. Only a homeowner can pursue a violation of these subdivision-specific rules. This page helps clarify how to mitigate all types of violations, and when in doubt start with 311.

​

To report a violation, WOHA recommends these steps:

 

1) Call 311 first to verify if the concern is regulated by local ordinances (most common complaints are, see inset box). File a case, anonymously if desired, so that appropriate City staff are assigned to investigate. You are welcome to to share the case number with WOHA via this website as its volunteers may assist in monitoring staff follow up on serious concerns which pose a troubling precedent. 

​

2) If the 311 operator advises your concern isn’t regulated by local ordinances or if City staff fail to respond properly within a reasonable timeframe, then visit the Covenants page to determine if subdivision rules are being violated within your Unit. Some Covenants intentionally overlap local ordinances as a failsafe intended to reduce reliance on City staff for some types of concerns.

​

3) Contact the homeowner to politely explain how the concern affects you and be clear about what remedy would be satisfactory. This can be done in-person, or via phone call, email, or letter. You may wish to request SAPD's designated SAFFE Officer to assist (see below). If the current occupant is not the property’s owner, visit bcad.org to obtain the relevant contact information. If an amicable resolution can't be reached, consider proposing mediation via Bexar County (see below).

​

4) If the above steps fail within a reasonable timeframe, your options depend upon the type of violation. For City ordinance violations contact the District 9 office which can elevate your complaint to senior City staff to ensure proper investigation. For breaches of the Community Covenants, consider mailing a warning of your legal rights or contact an attorney with relevant experience to assist you. Keep in mind, that although you can request compliance from any household, you can legally demand Covenant compliance only among properties within your Unit. To verify Unit designations click here. 

​

5) Remember, while you are generally reliant upon City staff to enforce local ordinances, you can pursue violations of the Community Covenants in court if necessary. This action is rarely necessary if the above steps are followed and is best undertaken with guidance from a specialized attorney. WOHA recommends seeking a judge’s ruling via Circuit Court where daily fines can be levied for failing to comply with a bench order and legal your expenses may be recouped. These advantages may not feasible via other venues such as Small Claims Court.

​

WOHA's Role in Enforcement

​

Residents have always been the primary catalyst of 311 filings and default enforcers of the Community Covenants. WOHA does not possess the same legal rights as property owners in many Units, therefore its legal authority is limited. The Board may monitor serious violations which pose a troubling precedent so it can advocate for policy modifications, however it defers to homeowners to resolve their own concerns following the recommended process above.

 

WOHA volunteers are available to guide members in good standing but the Board is not obligated to pursue a violation on a homeowner's behalf. Residents are welcome to petition the Board to formally accept their legal authority to pursue a Covenant violation, however WOHA may require reimbursement for associated expenses particularly if the request arises from a household which is not a member in good standing.​​​

​

Enforcement of Short Term Rental Restrictions

 

In 2025, amendments to the Community Covenants were ratified imposing restrictions Short Term Rental businesses (such as those solicited via AirBnb) for the vast majority of subdivision properties. The amendment phases out existing operations and prohibits new entrants.

​​

Operators holding a valid City permit (either Type-1 or Type-2) obtained prior to the amendment filing date with Bexar County, may continue operating in compliance with local ordinances only until the stated expiration of said permit. Permit expiration dates are posted on the City website.

​

However, providing guest stays of 30 consecutive days or less via a permit obtained after the filing date, including renewal of an existing permit, will constitute a violation of the Covenants and be subject to community enforcement. Operators should be aware that City staff are not responsible to advise permit applicants of subdivision restrictions and may issue permits of little benefit to operators who fail to conduct due diligence. 

​

Residents are advised that simply holding a permit or soliciting for guests may not constitute a Covenant violation, however hosting guests for 30 days or less via a recently obtained permit could. And while City staff will continue to enforce violations of local ordinances which regulate such businesses (noise disturbances, improper garbage containment, no valid permit, poor property upkeep), staff will not enforce the subdivision-specific Covenant which restricts operation within Whispering Oaks. That provision must be enforced by either a nearby homeowner or possibly WOHA.