Why Restrictive Covenants?

Property Use Protection

1.What are ‘Restrictive Covenants’?  “Restrictive covenants are legal obligations imposed in a deed by the seller upon the buyer of a home or lot to do or not to do something. Such restrictions "run with the land" and are enforceable on subsequent buyers of the property. Examples might be to maintain a property in a reasonable state of repair, not to run a business from a residence, or not to build on certain parts of the property.”

2.Property Values.  “Generally, restrictive covenants are very simple and are meant only to protect a neighborhood from homeowners failing to maintain their property or destroying trees or historic things or otherwise directly harming property values.”

“Many covenants address residence home sizes, landscaping, fencing and other construction standards, to permit buyers to visualize a completed neighborhood and to impose the same standards on remodeling and rebuilding.  Others deal with offensive activities and maintenance.”

3.Restrictive Covenants & Zoning.  “A restrictive covenant differs from a zoning regulation in that its creation and enforcement is a matter of contract between the landowners whose properties are affected by it, rather than the exercise of governmental police power.  Because restrictive covenants are contractural between landowners, governmental entities do not enforce restrictive covenants.”

4.HOA and (“ARC”) Architectural Review Committee Enforcement.  “The ARC and the HOA are authorized, but not required, to enforce restrictive covenants.  As a rule, HOA’s and ARC’s enforce covenants, however if either, or both, elect not to, any owner of property within the subdivision may elect to seek civil remedy through an appropriate court.”

5.Covenants that Protect Property Values.

a.       Unkept Yards.  Residents failure to properly maintain yards, landscaping and fencing is probably the most common restrictive covenant infraction.  Normally notification letter gets prompt results, however in very rare cases, negligent owners are threatened with legal action.

b.       Garage Enclosure.  Enclosing a garage, and failing to construct alternate garage facilities devalues and clutters the neighborhood with vehicle parking and unwanted outside storage that devalues a neighborhood.  Permanent alteration of a garage door, for pet use detracts from neighborhood appearance and is not permitted in most.

c.        Outbuilding Construction.  Construction of unauthorized storage buildings often violate covenants and impose unsightly views on neighbors and visitors that negatively affect property values.

d.       Dangerous Animals.  Restrictive covenants, of many neighborhoods, restrict exotic, dangerous, poisionous and vicious animals to protect homeowners, families and guests.   Unfortunately, public officials have failed to properly regulate this public danger.

e.        Sports Equipment.  Basketball hoops and swing sets add to neighborhood clutter and devalue the appearance.  Such equipment is generally not permitted to be left in public view when not actually in use.

f.        Unauthorized Parking.  Because of their size and quantity of fuel aboard, truck tractor rigs have no place in a residential neighborhood and overnight parking in most communities where we build, is not allowed by restrictive covenants.