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Homebuyers, especially first-timers, may not think of asking about
restrictive covenants. But these clauses dictate what can and cannot
be done to or on a property. When buyers purchase property governed
by restrictive covenants, they consent to conduct their lives in accordance
with those provisions.
A restrictive covenant, which is a type of deed restriction, regulates
a group of new and existing homes or building lots. Developers use
them to preserve a development or subdivision as a model community
and control its use and appearance. Buyers agree to the sometimes-rigid
restrictions in order to maintain the aesthetic standard set by the
developer and to safeguard the value of their homes.
Restrictive covenants should not be confused with local
zoning and government regulations. Some covenants and zoning regulations
overlap;
for instance, either can limit the height of a building. But, restrictive
covenants tend to exert greater control over a homeowner’s lifestyle.
In addition to standard clauses, which may stipulate a home’s minimum
size, height, architectural style, and color schemes, covenants often
ban practices that could be regarded as aesthetically objectionable--such
as parking RVs, boats and non-running vehicles on the property.
Covenants may additionally regulate grass height; window
treatments; holiday decorations; walls, fences and hedges; as well
as pets--some
limit number and type of pets allowed). Very often, owners are required
to make repairs within a specified number of days of the initial notification.
Depending on a community’s location and other unique features, restrictions
may be applied to the use of pesticides, herbicides and fertilizers
and removal of dirt and trees. Owners can be prohibited from installing
solar panels, building an enclosed patio or adding a swimming pool.
Restrictive covenants can also prevent owners from renting the home
or operating a home business, including music lessons and daycare.
Condo and townhouse owners sometimes face even more rigid restrictions.
What happens when a violation occurs? It’s up to the homeowner’s association
or individual property owners to enforce a covenant. Local authorities
cannot enforce contractual agreements. Instead, it’s likely that a
committee would review the complaint, then notify the homeowner. If
the homeowner ignores the initial notice, he or she might receive a
notice from an attorney. Legal action would be a last resort.
Before You Buy
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While most homeowners enjoy the quality of life resulting from
restrictive covenants, some covenants may prevent you from living
the life you planned. Before committing yourself to a property,
be certain you can live with all the restrictions.
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Ask to see a copy of the restrictive covenants
prior to taking a trip out to a property. You may be able to
eliminate the house
from your “To See” list.
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If the sales professional didn’t have the document
available initially, be certain to review a copy of the restrictive
covenants
prior to making an offer.
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Or, make your offer contingent on your review and approval of
the restrictive covenants.
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