Declaration of Covenants, Conditions, Restrictions, and Easements (CCR’s) are restrictions documented on the deed of real estate that place limitations on the use and alteration of that property or community.
Deed Restrictions are usually initiated by the developer who determined what the land would be used for, the size of any divided plots, and built the homes, office buildings, or retail structures on that land. Deed restrictions are legally tied to the property and usually can’t be changed or removed by subsequent owners.
Deed restrictions, such as restrictive covenants, are put in place to maintain a desired look in a neighborhood and help property values to remain stable or increase according to market trends. These restrictions may specify the type of materials or styles that may be used in the construction or modification of homes in a community. This includes such alterations as fencing, doors, screen doors, windows, patios, etc.
Restrictive covenants in a residential neighborhood often protect the aesthetic appearance of the community by providing acceptable paint colors for home exteriors, regulating landscaping for common areas, and prohibiting the use of lots for storage of campers, trailers, recreational vehicles or broken-down cars. Covenants may establish rules governing pets, parking, fences, maintenance of private roads and amenities fees or homeowner association dues.
Perspective buyers of a home in an HOA community should look at all rules they’ll need to follow and may want to research the HOA to see how it’s run and if there are any current legal complaints against the association. Buyers also need to budget for the HOA dues they’ll pay and determine whether these fees have been increased regularly. It’s important to be aware of the deed restrictions on a property before making an offer. Some covenants might seem too restrictive or prohibit you from making a change to the property that is important to you. Make sure you read the deed restrictions closely, as you don’t want to find out too late about a covenant you strongly disagree with. If your real estate agent or the seller does not offer you a copy of the deed restrictions, you can find the information at the county courthouse. For your convenience, the Deed Restrictions for Windsor Place are conveniently located on this website page in PDF format.
Owners who rent out their property should check with the community property manager to ensure that the lease is approved by their HOA. Renters of a home in an HOA community should also be aware of all association rules and be sure they are able to follow them in advance of moving into the community so they don’t incur fines against their landlord, which are typically passed on to them.
Common restrictions to specifically look out for deal with pets, pet size, guest parking, commercial vehicle parking, and storage of trailers, boats, and RV’s,
A Property Owners’ Association (POA), more commonly referred to as Home Owners Association (HOA), is an organization created by a group of property owners or developers to help manage any common property shared by the group. Many single residence, townhouse, or condominium communities establish an HOA, which represents all owners of that community. The POA or HOA typically has the legal means to enforce any agreed upon rules as well as the deed restrictions that have been established for that community.
Many housing developments include some shared property or common areas that the community’s homeowners can use. Such property may include swimming pools, parks, mail kiosks, clubhouses, and such. The HOA defines use and restrictions for these amenities or common areas and will collect dues from property owners to pay for their maintenance.
People who wish to live in neighborhoods where they can be assured of routine maintenance of common areas or housing exteriors should choose a community with an HOA . Owners empower the HOA to restrict types of construction that can occur and regulate how each resident must maintain their property. A person who owns property governed by a Home Owners Association must agree to pay HOA dues and abide by all rules established by that association.
HOA dues and rules are determined by the association’s Board of Directors, who are unpaid volunteers elected by the homeowners to manage the business affairs of the association. The selection of board directors is critical to the success of a community association as their decisions may help property values remain stable or increase according to market trends. Directors determine the rules and the HOA dues that community owners must abide by. Board directors typically serve limited terms and need to be re-elected at annual HOA Board meetings to continue serving. Any community member may choose to run for a position on the board or serve on a community committee, and all are encouraged to do so it they wish to contribute their time and talents to the better good of their community.
While some homeowners’ associations can be non-intrusive and collect relatively small monthly or quarterly dues, others have rules that owners feel are unduly restrictive or charge exorbitant dues. If an HOA’s board doesn’t plan appropriately or runs the association’s business haphazardly, they may end up demanding large monthly dues or levy special assessments to homeowners to cover cost over-runs.
Attending HOA meetings is not obligatory, but community residents should attend if they are interested in their neighborhood or wish to keep track of any bylaws or changes to their community’s rules. One of the methods HOAs use to enforce rules is to levy fines against those who do not follow them. Residents who violate rules may pay fines as levied by the board’s fining committee. Failure to correct behavior or activities in violation of community rules or failure to pay levied fines may result in legal action that can increase the resident’s debt to include attorney’s fees and court costs. Residents should be careful not to violate community rules and be sure to keep up with HOA dues or fines in order to avoid legal action that can even result in the loss of their home.