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Author Topic: Where do ya go to get the neighborhood restriction  (Read 987 times)
K4PP
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Posts: 64




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« on: October 06, 2008, 04:07:22 PM »

My neighborhood had one of those convenant things "thou shalt not...etc. etc." and everything else that no one in my neighborhood obeys, but I long ago lost that list. How do I find out what the restrictions are? I suppose I could ask a neighbor but where could you go to get it? We got an extention being built to the side and back of the neighborhood, and I am sure more to come, with some expensive homes and I'd like to review my now lost restrictions. I don't remember anything about antenna's restrictions but it's been like 12 years.

K4PRP
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KG4RUL
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« Reply #1 on: October 06, 2008, 05:04:23 PM »

If you have a homeowner association, request a copy from them.  If no HOA exists, your county recorder can provide a copy (they must be filed with the recorder to be enforceable).
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K4PP
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« Reply #2 on: October 06, 2008, 08:32:00 PM »

Wow thanks KG4RUL. I was able to google my county recorder has a searchable database of public records. Although the website isn't easy to use, I found the restrictions and feeling much better about the mast and antenna's I just put up. There was nothing regarding antenna's or related structures of any kind in it.

K4PRP  
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W0MT
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« Reply #3 on: October 14, 2008, 07:34:22 AM »

Just be careful! Many CC&Rs do not mention antennas or towers but you can still run into trouble in several ways. One way is that many CC&Rs have some general requirement such as, "All modification, change, addition, or removal of any exterior feature shall require prior approval of the HOA." Another way is that I have also seen CC&Rs with something like this, "The Architectural Committee shall establish guidelines for all exterior modifications to any property. These guidelines shall be binding on all properties.” In neither of these is there any mention of antennas or towers. The message is that you need to read the entire CC&Rs and not just check to see if they prohibit antennas or towers.
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KL7IPV
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« Reply #4 on: January 29, 2009, 04:06:36 PM »

"If no HOA exists....."  

If no HOA exists why would there be any CC&Rs? Who would be the enforcer and who would have written them? If there are CC&Rs that you need to be concerned with specific to your property, you should have gotten a copy when you purchased the property. It may be better to ask AFTER and then find out they affect you than ask BEFORE you erect anything.
Frank
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K4PP
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« Reply #5 on: January 29, 2009, 07:20:05 PM »

"If no HOA exists why would there be any CC&Rs? Who would be the enforcer and who would have written them?"

They're written and put in place by the neighborhood developer so as to safeguard the potential home buyer/plat buyer that his neighbor won't raise livestock in his yard, or that his neighbors relatives haul in and live out of a trailer on said lot, or puts up a radio antenna tower heavin forbid. They are legally enforced by complaints put in writting to the developer by the lot/homeowner. Many times the CC&R without HOA is where bunch of lots being sold where there is not necessarily a developed neighborhood. They usually in place for 30 years from the time they are recorded.

K4PRP
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W6RMK
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« Reply #6 on: February 25, 2009, 04:43:20 AM »

If the HOA has ceased to function or exist, then any individual homeowner in the tract can enforce the CC&Rs or rules. Normally, this would require legal action, and is expensive, so it's not all that common. However, if the person who's complaining happens to be an attorney, it's just filing and court costs, since their own time is "free".
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AA4PB
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« Reply #7 on: February 25, 2009, 05:56:56 AM »

You also need to check with the local government (county or city) as they can have restrictions and requirements in addition to the neighborhood covenents. I've seen a rural area that had a 35-foot height restriction (never inforced as far as I know). I expect it was meant to apply in town but the way it was written it applied to the whole county - even farms.

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AA4PB
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« Reply #8 on: February 25, 2009, 05:56:56 AM »

You also need to check with the local government (county or city) as they can have restrictions and requirements in addition to the neighborhood covenents. I've seen a rural area that had a 35-foot height restriction (never inforced as far as I know). I expect it was meant to apply in town but the way it was written it applied to the whole county - even farms.

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N5LRZ
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« Reply #9 on: February 26, 2009, 02:42:34 PM »

The BEST thing to do is to just engage a lawyer to review the your purchase agreement, plus any documentation and any legal actions taken.

Have your lawyer review your land purchase agreement that you signed for any potential restrictions.

OF COURSE he is going to charge you for the service.


And in reference to the previous statement of land developers placing in the land purchase contract certain stipulations he is quite right.  My employer has divided up a piece of land and is selling lots.  Included in the contract in order to purchase the land the buyer agrees to build a house having a cost to build value of at least a certain dollar value.   The purpose of this is to keep out trailers and cheap prefab homes.
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NA0AA
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Posts: 1042




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« Reply #10 on: February 27, 2009, 06:02:31 PM »

CC+R's and the HOA are a common city cop-out on actually doing and making anything.  Essentially, the development is private property with the HOA holding common areas [roads, etc.] in trust for all owners.  For this you pay something, typically and you get someting, sometimes.  But what it does is let's the city make some one else responsible for the roads, sewers, water pipes, etc. and etc.  While they still collect your property tax, the HOA charges you for other services.

HOA's are very useful in Condo and other high-density development where common walls and true common areas are to be found - townhomes, etc.

I believe they should be illegal for single family detached housing.

The arguement in favor is that they keep home values higher, but I'm not sure anyone could prove that.  It certainly keeps laywers and neighborhood busy bodies busy.  
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NN4RH
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Posts: 330




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« Reply #11 on: March 01, 2009, 05:05:39 AM »

>> If no HOA exists why would there be any CC&Rs? Who would be the enforcer and who would have written them? If there are CC&Rs that you need to be concerned with specific to your property, you should have gotten a copy when you purchased the property.<<

What Deltap said. The CCRs come first, then the HOA. In most cases.

I'd add that you're most likely to run into this situation in older neighborhoods. My neighborhood for example dates to the 1950s and was built in three phases over a 20 year period. And it and was the first neighborhood built in this part of the county.

The "Declaration of Restrictions" document didn't even create an HOA. A "Civic Association" was formed early on, but membership is voluntary, has no authority to assess fees or fines or place leins, and has no enforcement authority. In fact the Restrictions document limits the Civic Association to only "attempt informal resolution" of violations.

However, there is a clause that lets any homeowner pursue legal action on their own. But as far as I know, that has never happened.

So our old neighborhood is unique in this part of the county. We are surrounded by modern neighborhoods with modern HOAs. In fact most people who move into this neighborhood are initially completely shocked and baffled by there not being an HOA - they seem to think that it's not possible to live without an HOA.

But frankly, very few people in the neighborhood miss having an HOA. The number of "violations" is insignificant, and what "violations" there are, are almost always benign. It seems that the absence of an HOA does not necessarily create anarchy. It just means that people have to figure out ways on their own to coexist.

If any "enforcement" is needed, which is rare, people have to do it themselves and file a complaint with the appropriate county agency. And it turns out that very few people are willing to take that kind of action unless it's something serious. People are in general very willing to anonymously bitch and moan about their neighbors nitpicking infractions to HOA boards, but interestingly, if they have to do anything about it themselves, they're just never get as worked up about things, and find ways to get along just fine with their neighbors.



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