Resolve Your Deed Restriction Question Right Away
Last Updated: June 15, 2024
If you have HOA and deed restriction questions, you can ask them through a form on this page and receive an answer from this website, if we feel we have information or background to offer. Other readers also can add comments. Stick with us. The form for sending your thoughts is located part-way down the page.
But in contrast to almost all of the other pages on this site, we don't think our advice will substitute for consulting a professional. In this case you need an attorney licensed to practice in your state.
This is just our way of saying that deed restrictions, restrictive covenants, master deeds, and such are not taken seriously enough often during the real estate purchase process. Sometimes they are not even disclosed or discussed, especially in the case of condominiums or planned communities having those lengthy 50-page lists.
I observe that
very few buyers seem to inquire adequately into whether their HOA is even
functioning, and if so, how it is governed and whether that governance is
competent. Sometimes an HOA will be open, and you as a buyer can know when and
where it meets and participate in the selection of officers. Sometimes that
process is completely opaque to you, whether or not your master deed says this
should happen. In short, most HOAs are strictly amateur affairs, with
maybe a real estate agent or attorney on board; just as often, contractors and
the neighborhood gadfly are selected.
Even if the HOA board seems competent and engaged, that does not tell you if they are putting aside adequate dues to meet the financial obligations they will encounter in the future. If the reserves are slim, you will face a special assessment when a major project is needed, and that one-time fee or increase in dues could blow your budget.
If you as a buyer do not pay attention to both the deed restrictions and the functioning of the HOA, then you might find out the hard way that you really couldn't put out that flag of the state bird, even though your next-door neighbor has an annoyingly huge U.S. flag flying every day and draping over onto your porch.
One of the reasons that we're not huge fans of these tremendously detailed covenants (or book-length manuscripts) is that the underlying law may well require legal interpretation.
We've talked about some of the scary things that might happen on the general deed restrictions page, and if you haven't seen it, we urge you to go right over there. Chief among the defects of this way of trying to control land use is that the provisions aren't publicly enforceable. City hall can't help you if there's a problem; you have to go to court.
Some states may have limits on the number of years that these extra rules and regulations about what you can do with your property can apply, but the majority of U.S. states allow these covenants to "run with the land" forever. Run with the land means that the restriction binds all future owners.
Breaking the covenant may require consent of every single heir of the person who imposed the original covenant, and if the author of the restriction was a corporation that now has gone out of business, you're in for some serious trouble. Where a homeowner association exists, lifting a restriction may or may not be slightly easier. Often every single current owner must agree, which is a hard task when you have 50 or 250 property owners.
Because of these complexities and the highly individual scenarios that can arise, we weren't surprised when we started sorting through our long list of answered visitor inquiries and found that a category for a deed restriction question seemed logical.
We just caution at every step of the way that the general observations we make are for the education of people such as planners, planning commission members, real estate agents, and housing or development activists. If you are seeking advice about a situation involving your personal real estate, you will need a lawyer as well as our airplane-level overview of what might be involved.
The volume of questions about deed restrictions and covenants we are receiving is truly overwhelming. We have answered most of the questions that are within our competency as planners, so we urge you to leave an e-mail address so we can send you a link to a question we have already answered if we respond privately to the particulars of your situation. Of course, your e-mail address would not be shown if we do choose to publish your question and answer on the web because it is of general interest. But below you will see the numerous questions already asked and answered.
Have A Question About HOAs, Deed Restrictions, or Restrictive Covenants??
Would you like to ask the other visitors and me a question? Here's your place to ask about HOA (homeowner association) functioning and powers, as well as deed restrictions, covenants, and master deeds.
Other Questions and Answers
Click below to see contributions from other visitors, and answers.
Should the HOA board give notice of meetings?
Visitor Question: Some of my neighbors and I are having an issue with our HOA. They are threatening to make new rules that pertain to only the six or …
Power of HOA after covenants expire
Visitor Question: Where does an HOA derive its authority/powers? Does the HOA have any authority or powers if the land covenants expired?
Specifically, …
Do Colorado HOA covenants ever run out and are major revisions allowed
Publish Date: June 19, 2024
Visitor Question: We live in an HOA whose covenants date back to 1977. In the covenants it states that they "run with …
Can an HOA add a land use restriction by amending by-laws
Visitor Question: We have a complicated HOA, which oversees 13 subdivisions with each subdivision have its own deed restrictions, located in Michigan. …
HOA inconsistent on setback
Visitor Question: As we are about to start building in a neighborhood with 60 year old restrictions, a new POA (property owners association) has been …
No animals except pets?
In a piece of property we are looking at in an agricultural town, this deed restriction was placed on this and several other properties on the street …
Do I follow original deed restrictions or all future changes too
Visitor Question: I just want to know if I have to follow and obey all deed restrictions and bylaws that I originally signed with my deed OR all the …
When deed restrictions and HOA rules contradict
Reviewed: May 31, 2024
Visitor Question: My deed restrictions clearly state I can position a structure to the front lot line, provided I follow the …
How to remove a 30 year old deed restriction
Visitor Question: The deed restriction prohibiting commercial development on property I bought in 1993 seems to no longer apply and appears to be an …
Changing the CCR document in a non HOA neighborhood
Visitor Question: We have a 40 year old ambiguous CCR (covenants, conditions, and restrictions) initially created by the community developers that was …
No Successor Developer so there is no architectural control
Visitor Question: I live in a neighborhood in Texas that was developed 30 years ago. The original deed restrictions state that changes to the property …
Excavations next door
Visitor Question: We purchased our property and moved in one year ago. Although there is no active HOA, there are CCRs that do "run with the land." …
Can you add a deed restriction on only one lot already covered by covenants
Editors Note: The visitor question below was received several months ago, and we failed to answer at that time. We offer our apologies to our site visitor, …
Proposed new regulations contradict covenants
Visitor Question: We have Deeds and Restrictions set up in our community currently. Our new board members will not pay to have them rewritten; however, …
Existing barn and application of deed restriction
Visitor Question: We’re in Texas. We owned a home and a property across the street from the home for 19 years, and built a 2400 square foot barn across …
Special assessments for capital expenditures
Visitor Question: Our master deed states that a majority of owners must be present to vote on special assessments. Proxy voting is not in our master …
Flag violates deed restrictions
Visitor Question: We live in a development that has deed restrictions and community standards. Isn't that their job to enforce the restrictions and standards? …
Restrictions unknown for six years
Visitor Question: Hi
We purchased our home six years ago. We were told by our real estate agent (friend) and the sellers (new friends) that there …
Developers plan approval
Visitor Question: Can a developer enforce restrictions that aren't deed recorded when approving a home plan for building?
Editors Reply: We are …
Planning Commissions and Deed Restrictions
Visitor Question: Should Planning Commissions ignore deed restrictions, since they are agreements between private properties and the Town Government …
Restrictions Not Listed in Deeds for Last 30 Years
Visitor Question: Our planned community had a land owner who filed for plats and recorded covenants and restrictions that govern the property. This happened …
Unknowingly purchased a rental home with a deed restriction
Visitor Question: I purchased a home that I was using as a rental with cash. Everyone knew I was an investor and how this house was going to be used. …
Who is responsible for knowing deed restriction rules
Visitor Question: I live in a deed restricted neighborhood, and when I first moved into the neighborhood I had Culligan's water softener company come …
How to add deed restrictions
Visitor Question: How can we add restrictions?
Editors Reply: Generally speaking, the process should be deciding exactly what you think you want …
Can neighbors create an HOA to fight existing deed restrictions?
Visitor Question: I live on a street that was once land owned by a family that lives nearby. When they created the lots, they attached sweeping deed …
Can a town enforce deed restrictions
Visitor Question: Our town in New Hampshire has a Land Use Ordinance regarding RVs that reads:
"One recreational vehicle (RV) of any size may be …
Density credit assignment
Visitor Question: I have been living in my home for 4 years. This lady shows up wanting me to sign some legal paperwork "release of covenant and density …
Developer Revising Covenants
Visitor Question: We are in a subdivision of five lots. The developer sold the fifth lot to a charity that builds houses to donate to wounded veterans, …
Buying out of covered boat dock restriction
Visitor Question: I have purchased lake property. The owner placed a deed restriction on the parcel I bought.
He sold the two parcels on either side …
HOA versus basketball goal
Visitor Questions: Q1. How can I get a provision for basketball goals changed from the deed? I asked my HOA and they told me they didn't know!
Q2. …
Restrictions differ within the development
Visitor Question: Can the HOA restrict homeowners whose back yards face a street by not allowing fences, sheds etc., and not restrict other home owners …
Deed restrictions imposed for city code violations
Visitor Question: What authority does a city have to require a code offender to agree to a new deed with onerous restrictions and for how long?
Editors …
Percentage of home owners needed to extend restrictions
Visitor Question: I live in a deed restricted neighborhood. In Florida what is the lowest percentage of owners needed to extend the restrictions? Ours …
Can Deed Restrictions Apply to Only Part of Subdivision
Visitor Question: We live in a subdivision that has had several of the properties excluded or removed from the deed restrictions/covenants over the years. …
No current HOA board members
Visitor Question: Our deed restrictions have no expiration date and run with the land. But the starting board retired and a new board was never installed. …
Deed Restriction Just Became Known After Six Years
Visitor Question: What if a two acre piece of land was purchased, and the seller and the title company stated the land had restrictions. Also on the …
Sale to Town with Deed Restriction
Visitor Question: I am one of 27 owners of a condo complex near the beach. The complex owns a sizeable lot in front of the building which protects our …
Percentage required to extend or renew deed restrictions
Visitor Question: My neighborhood deed restrictions expire next year. I am writing from Florida. How many of my neighbors must vote Yes in order to keep …
Grandfathered deed restrictions
Visitor Question: There is a 450 square foot home in a neighborhood where the homeowners association (HOA) just updated deeded restrictions on house …
Deed Restrictions Contradictory and Not Being Enforced
Visitor Question: Our Deed restrictions were written by the developer for lots consisting on no less than 5 acres in a rural area (zoned agriculture). …
For sale sign in motor coach
Visitor Asks: We live in a deed restricted community in Citrus County. We are allowed to store our motorhome on the lot. I have a for sale sign in the …
Reporting no hunting deed restriction violation
Visitor Question: When the Deed Restriction states that there shall be no hunting on the properties connected to the covenant what agency do you report …
Deed restriction for veterans only
Visitor Question: Is it possible to create a deed restriction to allow only veterans or people living with (married to or children of) veterans?
…
Does civil rights violation make all covenants void
Visitor Question: Do all covenants become void if one covenant is now illegal? The City Council is telling me that since our documents still have the …
What to do after deed restrictions have expired
Visitor Question: I purchased a home 2 years ago here in Florida. I was told it was deed restricted until about May of 2018. That's when through social …
Impact of developer out of business on deed restrictions
Visitor Question: If the original incorporation, that established a deed restriction when it sold off land to new buyers years ago, has been shut down …
HOA jurisdiction over backyard
Visitor Question: The Board Members of my HOA (home owners association) say they have no jurisdiction over people’s back yards. A neighbor had a junk …
Selective enforcement of deed restrictions
Visitor Question: I live in Gulf Gate, Sarasota. After living in this neighborhood and the same house for 20 years we decided to replace an old 4 foot …
City requiring deed restriction before final inspection
Visitor Question: OK, here is a quick run down. I purchased a property two years ago to put a barn on the back. I went back-and-forth with the city …
Amendment to Restriction Never Recorded
Visitor Question: We bought a house on 1 acre in a non-zoned county "neighborhood" which is just a street.
Animals are restricted; however the real …
State Law Versus HOA Deed Restrictions
Visitor Question: Our HOA wants to change our deed restrictions. There's a chapter in our present deed restrictions that states that it takes a majority …
Must heir sign to change deed restriction
Visitor Question: I was approached by a realtor who sold property beside my parents' home. There's a restriction saying no mobile home. I was asked to …
Rezoning directly conflicts with deed restriction
Visitor Question: I own a single family home in Los Angeles. Recently, because the home is close to a recently completed urban rail line, the city, as …
Unenforceable Parking Restriction
Visitor Question: My condominium association is a two unit association within a two-family home. I am the Declarant who created the association and …
How to Be Sure House Not Covered by Restrictions
Visitor Question: The house I am buying is the only house built on estate land. The owner of the house bought this lot and another 24 acres of land …
Ordinance says zoning cannot interfere with deed restriction
Visitor Question: There is a provision in our township's zoning ordinance which states zoning regulations cannot interfere with or impair a deed restriction. …
Neighbor Singles Me Out on Infraction
Visitor Question: The deed restriction states that we cannot have a fence on the front yard of the house. Various neighbors have fences on the front …
Where to Find Deed Restrictions
Visitor Question: Others have mentioned deed restrictions, such as you can't park you camper in your driveway, or boats, or utility trailers. My question …
HOA Review of Window Replacement
Visitor Question: I live in an HOA with deed restrictions in Florida. We have one Master Association with rules that we have to abide by.
Our Master …
Deed Restriction Setbacks Stricter Than County
Visitor Question: Are front, rear, and side lot setbacks enforceable if deed restrictions are stricter than county rules?
Editors' Reply: Yes indeed, …
Covenants Require Approval But Do Not Set Up an HOA
Visitor Question: Hi -
I'm considering buying a lot in a development. The deed restrictions state that if lot owners want to put up structures including …
Process for Updating Deed Restrictions
Visitor Question: Are there specific requirements that need to be followed when getting a home owners approval on updating a deed restriction, i.e., …
Deed Restriction on Property Deceased Relative Once Owned
Visitor Question: Someone contacted me about an old deed restriction on a property no longer owned by my grandfather, who passed away many years ago. …
Additional Set of Deed Restrictions
Visitor Question: I am in contract to purchase a property here in Hays County Texas. The property in located in a subdivision with recorded Deed restrictions …
Rule Breaking Neighbors Going to Sell
Visitor Question: How do I get the neighbors to fix /comply with our rules before they sell? I do not want to start any bad relationship with the next …
Deed Restrictions Next Door Being Violated
Visitor Question: My neighbor and I have the same deed restrictions.
(1) Restrictions say no business is allowed.
However, he operates and they …
Deed Restrictions on Parking on Street
Visitor Question: I have lived in our home for 18+ years not knowing there were deed restrictions about parking cars on street in front of a home. The …
Does Foreclosure Erase Deed Restrictions
Visitor Question: If a piece of undeveloped rural property had deed restrictions placed on it and was then foreclosed on and later re-sold, are the deed …
Builder Does Not Meet Subdivision Restrictions
Visitor Question: We have a builder that continues to build houses that do not meet our subdivision's restrictions... for example: gravel driveway, non-brick …
Not Informed About Covenants and Restrictions
Visitor Question: What happens when the sellers check the box on the sellers disclosure that says there are no covenants and restrictions and then you …
Building Codes Versus Deed Restrictions
Visitor Question: What power do building codes have over deed restrictions over a title? What power over a title do building codes have?
Editors …
Deed Restriction Requires 30 Foot Setback
Visitor Question: A deed restriction on a particular lot recorded in the 30-s provides for a 30 foot setback. All homes on the street are built and …
Covenant Protecting Mountain View
Visitor Question: I have owned my property for 15 years. We have a beautiful view of the Rocky Mountains. The original owner of my property owned 10 …
Can Rezoning Overturn Deed Restrictions
Visitor Question: The Planning and Zoning Committee denied a request to change the designation of a lot to allow two homes instead of one on a lot. …
How to Change Covenants
Visitor Question: We live in an enclave of 8 homes with a loosely created covenant system from 1995 when the homes were built. Many of the covenants …
Can Successor Developer Ignore Covenants
Visitor Question: We have an unusual situation where the community prior to completion was foreclosed and resold to a secondary developer. The developer …
Deed Restriction Based on Race
Visitor Question: If you have a deed restriction based on race would it be
A. Voidable but the conveyance is still valid
Or
B. Void but the deed …
House Exempted from HOA
Visitor Asks: Hello, I just bought a house in a subdivision with an HOA (homeowners association). The owner told me the house is not a part of the HOA …
How HOA Can Enforce Covenants
Visitor Question: I'm under contract to purchase a property in a gated community that has an HOA (homeowners association) and have actually read all …
Deed Restriction Enforcement Without HOA Management
Last Updated: August 7, 2020
Visitor's Question: I have a buyer who is interested in purchasing a home in a neighborhood with 2006 deed restrictions …
Indoor Sprinkler System Required in Covenants
Visitor Question: I recently purchased a complete subdivision in Idaho. On the cc's&r it states each facility must have an indoor sprinkler system. The …
Zoning Administrator Splits Lot Contrary to Covenants
Visitor Question: Can a municipality's employee (the zoning administrator) subdivide a lot within a PUD (Planned Unit Development)?
Our covenants …
How to Abolish Deed Restrictions
Visitor Question: In 1968 the subdivision that I live in filed a Declaration of Restrictions. In the restrictions it states, "Restrictions shall be automatically …
Restriction may prohibit son from building house
Visitor Question: My question deals with a restriction which apparently will prohibit my son from having a house built on my property. My wife and I …
Covenants, Conditions & Restrictions Expired
Reviewed: June 17, 2024
Visitor Question: We moved to our neighborhood in Florida in 2012 and were told we are in a Deed Restricted community. Title …
Signing Deed Restriction
Visitor Question: Does the new owner of certain property especially in a subdivision need to sign the Deed of Restriction for it to be enforceable? I …
Restriction on Commercial Use Versus Rental Property
Visitor Question: In our HOA we have a covenant against commercial use of a lot or home in our neighborhood, which is in Kentucky. This is a lakefront …
Limit on Subdivision
Visitor Question: A deed states: "... the premises herein conveyed (can) not be subdivided or utilized for the purpose of multi-family dwelling(s)...". …
Quit Claim Deed Received for Adjoining Lot
Visitor Question: I purchased a neighboring piece of property from the county at auction. Though the advertisement did state that the lot could not …
Responsibility for Outlots in a Subdivision
Visitor Question: I am a second owner in a 52 house subdivision created 18 years ago. I have lived here 10 years and just received information from …
Covenants Not Listed on My Deed
Visitor Asks: I am trying to understand how CC & R's that were provided to me when I purchased my home can be enforced if they are not listed on my Deed? …
Removal of deeded basketball court
Visitor Question: I live in a townhouse development in which a basketball court was originally in the property deed. The court had been a huge nuisance …
HOA Restriction Requiring a Golf Course
Visitor's Question: I live in Michigan in a community covered by an HOA and a restriction agreement. The property was developed in 1956 to include 400 …
Abandonment of Deed Restrictions
Visitor Question: I live in a subdivision in a county that has 49 plots. The original covenants were written in 1976 for a period of 20 years with an …
Senior Care Home in Subdivision
Visitor Question: Hello we are planning to open a licensed home for seniors. We have been told it is allowed in subdivisions that have covenants/restrictions …
Adding a restriction to my deed
Visitor Question: How do I add a low income housing only restriction to my deed to thwart developers from calling me about my house in my quickly gentrifying …
Expired covenants and no HOA
Visitor Question: Our rural Colorado subdivision let the HOA expire after 20 years in 2000. But the covenants are still publicly recorded. How do these …
Neighbor's Deed Restriction On My Property
Visitor's Question: My neighbor subdivided his Massachusetts lot 40 years ago creating my adjacent lot. His deed restricts my building any structures …
Enforcing Covenants, Conditions and Restrictions
Visitor Question: How do you enforce a subdivision's Covenants, Conditions and Restrictions absent a Homeowners' Association?
Editors Reply: If …
Rights of Property Owners Next to Deeded Subdivision
Visitor Question: We live next to a deeded subdivision. The property that adjoins ours in the back has numerous poultry. Their deed says no poultry. …
Filing a Deed Restriction
Visitor Question: Can an individual homeowner file his own Deed Restriction or is it always necessary to have a lawyer do it? I was under the impression …
Can Master Deed Violate Approved Site Plan?
Visitor Question: The site plan approved by the city for our condominium does not match the site plan filed with the registry of deeds with respect to …
Lifting deed restrictions on rural property
Visitor Question: I want to buy a piece of property in metes and bounds in the country. There are now three tracts: (1) 32 acres of woods, (2) 12 acres …
Validity of Unenforced Covenants
Visitor Question: If a violation of a covenant is allowed to exist without any action on the part of the HOA, is the covenant still valid the next time …
Lack of Enforced Deed Restrictions
Visitor Question: A double wide mobile home was put on property that wasn't supposed to be there. It's been there for fifteen years and owned by two …
Chickens and an HOA
Visitor Question: If there are no chickens allowed in an HOA development but we are zoned Agricultural, does this mean that my daughter cannot have them …
Developer influencing vote on restrictive covenant
Visitor Question: A developer is trying to develop a golf course and green space which is protected by a restrictive covenant in the deed. We are soon …
Opposition to Deed Restrictions
Last Reviewed: June 17, 2024
Visitor Question: I'm against deed restriction rules. Because I don't believe people should be forced to do things around …
Can deed restriction limit land use
Visitor Question: Can a deed restriction require the use of a piece of property only for a public park? Shouldn't the owner of the property have some …
Garage violates deed restriction
Reviewed: June 17, 2024
Visitor Question: We have a neighbor that is putting up a huge garage on a property that has a deed restriction. He received …
Deed Restrictions Requiring Residency
Visitor Question: Our neighborhood organization (not an HOA) has sold some property with a deed restriction requiring that the owner either maintain …
Neighborhood HOA FL
Visitor Question: My neighborhood association deed of restrictions indicates no signs (realtor, etc) can be displayed in front yards. Is this really …
Lack of Enforcement of Deed Restrictions
Visitor Question: If Deed Restrictions have not been enforced, do they lose their validity in California. There is no HOA; it is simply a height of …
Can deed restrictions limit use allowed by zoning?
Visitor Question:>/b> Can a deed restriction (i.e. only single family residences) limit the use allowed by zoning (i.e. cluster homes allowed)? I was …
Do our deed restrictions supersede a spot zoning
Reviewed: June 17, 2024
Visitor Question: My neighbor has received a spot zoning change based on the fact that his converted garage was used as a …
HOA board getting too powerful
Last Reviewed: July 4, 2024
Visitor Question: What is the best way to campaign for being elected to my HOA board? I think the board we have now is …
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