New thread about deed restrictions

[Talk Host]

My post about the roving dog turned into a discussion about deed restrictions. Any important topic. I have never lived in a deed restricted community, and honestly have not read the thousands of pages of small print in the restriction agreement.

Can anybody give us the Readers Digest version of what the enforcement power is in regard to a violation.

This is the example: Somebody puts a political sign in their yard. They are ordered to remove it but refuse, claiming right to freedom of speech. What can the Villages, or any other community do to force it's removal?

[sschuler1]

I would assume that they make you sign something saying that you will comply when you buy into the community. There must be something in the fine print stating what the fines will be for non-compliance of restrictions. They should fine someone after a warning has been issued. After that, they should be able to sue you for non-payment of the fines. That plus court costs can add up! Most people would comply if they were issued a warning with a time frame to stop the infraction or they would get a fine.

[chacam]

Our declaration of restrictions document is only six pages. Interesting reading.

[JohnN]

are the restrictions online anywhere? I'd be interested in reading 'em - or .. when do you get them?

[chacam]

You will get a copy when you close. An incomplete version can be found here:
http://www.districtgov.org/vccdd/deedrestrict.asp

Restrictions are sometimes different depending on what village you are in.

[zcaveman]

It would be a good idea if you could get a copy before signing on the dotted line. While I did not find anything in them I would not agree to (except lawn ornaments), it gives you a good idea of the restrictions plus it gives you info about amenity fees and other facets of TV.

Most of the deed restrictions are for our own protection and help to maintain the value of our property.

The bad news is that they are not enforced unilaterally.

[livsea2]

I currently live in a deed restricted community. We are not permitted sheds in our yards. Someone decided they were above the rules and installed one. First they were told it was not permitted. They ignored. Next our HOA lawyer attempted to notify their mortgage company they were in default of their mortgage. One of the many items you sign at settlement is a declaration to your mortgage company that you will comply with all county/town ordinances, deed restrictions etc. or be in default. That didn't work because said party didn't have a mortgage. Next step chancellery court. The judge ordered arbitration. No agreement. Judge ordered binding arbitration. Outcome,it was agreed that the violator would hire a contractor to permanently affix the shed to the back of the house and side it to match so it would look like it was part of the house. Lookslike $%&r but that was the compromise. But that is an example of how it can be enforced. I know of another case where a garage is mandatory on all homes and the violator was taken to court and because he had built his house in such a way as a garage would be too close to the set back the judge ordered him to purchase 5 feet of the neighbors lot and begin building the garage in 90 days or less. Failure to do so would result in a court order to demolish the house. He bought the property and built the garage post haste!

[Sidney Lanier]

Thank you, chacam, for the reminder to RE-READ (for me anyway) the restrictions. Just as I didn't see any issue for my wife and me when I read them before buying, I still don't.

I do consider deed restrictions to serve me and the value of my property. That they are not enforced unilaterally, as pointed out by zcaveman, is an issue for sure. Maybe a little 'noise' is necessary in a situation like that!

The sign in front of our house was made by an artist friend, and someone in TV cynically said that we'd be taken to task for its not being the usual white plastic with black lettering. It does conform in that it is our only sign (which is allowable) and is the appropriate size, hanging from the light post. In reality we've gotten compliments, not complaints....

[chacam]

I can't figure out which restriction prohibits parking commercial vehicles in a driveway. A neighbor works for a lumber company and when he brings home his pick-up which has a logo on the door he has to cover the logo.

Unless it's the one that prohibits any commercial equipment being maintained on the property.