HOA Deed Restrictions

Much of the appeal of living in an HOA community comes from the unified, consistent, and pleasant atmosphere maintained by the homeowners’ association. However, sometimes the very rules benefitting you can also be a hindrance to what you can do with your property. Many of these restrictions go well beyond the jurisdiction of the HOA.

Commonly called deed restrictions or restrictive covenants, certain regulations are attached to the property itself. They determine quality standards for work done and limitations on the property’s use. The consequences for violating these restrictions can be severe and costly in both time and money. It is vital to find out about any deed restrictions on a property before you complete a purchase, or if you already own the property before you make any changes.

This may sound a little daunting, so let’s get down to the basics:

What, Exactly, Are Deed Restrictions?

Deed restrictions are regulations placed on a piece of real estate, applying to the land itself and anything built on it. They can be put in place by the land developer, the original owner, a community association, or even local, county, or state government.

These rules are contained in the deed itself and therefore pass from owner to owner, without expiration (unless an expiration date is explicitly stated in the deed, which is rare). Deed restrictions are intended to maintain a certain standard of care and use of the property, and help to maintain and improve the property’s value over time. Unfortunately, some are so limiting that they may not fit your intention for the use of your property.

How do you Find out if Your Property has Deed Restrictions?

If you’re uncertain whether your property has deed restrictions, a simple place to begin is with the current or previous owner. They have a legal obligation to disclose any restrictions they are aware of to potential buyers. Keep in mind that this may not be done verbally, but must be included in the purchase documents.

If you want to get the official details, you can obtain the title and deed information from the county courthouse. These records will list and explain any restrictions attached to the property in question.

Remember, these are more than just suggestions or preferences from an HOA! Deed restrictions are legally binding agreements that you are automatically obligated to keep when you purchase that piece of real estate, so make sure you understand what you are committing to when you enter into a contract!

How are Deed Restrictions Enforced?

It’s important that you don’t go into a purchase thinking you can just ignore or overlook existing deed restrictions. Remember, these are essentially legal contracts you have agreed to by completing the purchase of your property. They will be enforced by whoever set the restriction in the first place. Most often, it is the HOA that will enforce these rules, along with the other community bylaws.

Since the HOA board members are also your neighbors, it is highly likely that anything out of the ordinary will be reported, and you will get caught. Not complying with your deed restrictions can incur relatively minor consequences like having to pay fines, remove improvements, or reverse changes. However, they can also be as serious as lawsuits and even foreclosure on your property! The time and expense of such penalties can take a major toll.

The only restrictive covenants that cannot be enforced are those deemed illegal. This includes archaic restrictions that perpetuate discrimination or violate public safety, local laws, or basic human rights.

What do Deed Restrictions Include?

Some examples of common deed restrictions are those regulating how large or how tall the building may be, the use of residential land for business or livestock, the exterior appearance (such as the color of the house or specifics of the landscaping), and even such particulars as to the number or type of vehicles that may be parked in the driveway.

This probably sounds familiar if you are aware of your HOA’s community guidelines, but remember, these restrictions are not the same as HOA rules! Rules set by an HOA can be easily changed by the majority consent of the homeowners. Deed restrictions are very difficult to change, if even possible. That is why it is so important to find out about any restrictive covenants prior to purchasing the property. Sometimes changes can be agreed to ahead of time, but once you purchase, you are agreeing to comply.

When it comes right down to it, the restrictions placed on the property were put there to protect and improve its value, just like HOA rules do for the community at large. If you don’t agree with the restrictions, don’t buy the property! But once you do, keep up your part of the bargain. Your compliance will pay off in the end.

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Related : JellyBird HOA Management