Deed Restricted

I haven't had much experience, but just enough to make me wary.  The word "restriction" sends up a red flag.  Who is making your rules and how long will they be there?  Are they aware of the environmental changes that are in the wind?  Do they care about the environment?  Do they care about conservation or appearance? Do they know that xeriscaping is good for the environment AND is good for the planet? 

Do your homework and research your area, your HOA and ensure that you are doing the best job you can to enhance your neighborhood, our county, our state and most of all, our planet. 

I own several peices of property, all of which have deed restrictions. Deed restrictions are a good protector of land values. They can also be a nightmare. The key is to read and understand the restrictions. Also realize that the county or city does not enforce deed restrictions. Some form of a home-owners assoc. does, and there-in lies the problem.

 It can often put neighbor against neighbor and can cause cost to rise significantly. Knowing how the " board is elected and what it's powers are is critical. Many assitiations are made up of people who get carried away with a little power. I find that the type of zoning in an area can effect the need fir deed restrictions especially in an open rural area. I suspect what the plan calls for is a CDD type of comunity such as Eagle Harbor or F I P. My problem with CDD's is you are often paying for some things twice, It is one heck of a deal for the developer.

I own several peices of proprty with deed restrictions. I like the protection of property values they help provide,especialyy in an area that may have open rural or ag zoning.

What will likely be in L.A. plan is CDD like Eagle Harbor and F.I.P. Theese can get very costly down the road. What you have to decide is the level of protection you want vs. how much control over your lifestyle you want to give some one else. Also remember that the government does not enforce deed restrictions. Enforcement is by a board of directors and the court system if necessary, which can be costly.

 A C.D.D often has financial obligations for the home-owner for the developers cost to build the subdivision, meaning you get to pay twice

oops soory

In theory they should be a good thing, in reality many are not.  Covenants and Deed Restrictions are there until a developer or a governing body like a Board of Directors changes them.  Worse yet is when they are selectively enforced.

I once sat in on a ARC meeting of someone who wanted to build a new home in my community.  One of the board members got her nose so far into these peoples business that she was questioning whether or not they should be allowed to have an Atrium inside their home.  Can we say "none of your business"?

For the most part I am a "live and let live" person.  Deed Restrictions are great in preventing neon colored houses and sites from turning into Sanford & Son junkyards but they sometimes go to the extreme of being petty and ridiculous.  It's all under the pretense of "value" but a great portion of what they make rules about has no impact to value whatsoever. 

A few years ago(during the busy hurricane season) in the span of three weeks we received two violation letters 1 For taking down a dead tree that could have damaged our home or even have fallen in the street.  Why?  Because we didn't get permission. Heaven forbid common sense ever be used.  A few weeks later we got one about not taking a dead tree down.  How did the Management Company even know?  Because of some nosey resident who has nothing better to do then go around looking for something to complain about. 

Knowing what you're signing up for makes little difference, it's the people running the show and the residents within that make or break a Deed Restricted Community.  Like anything else, some are good, some are bad.  Some last forever while most others are eventually disbanded because people can't get along, dues are mishandled and many other reasons.  Once they're compromised in anyway, anything can happen.

Marsha;

Great post! In general, I like Deed Restricted communities. We lived in one for 10 years in Ca and sought out that type of community when we moved here. We like the idea that our neighbor can't pain the house electric blue and have 6 cars in the front yard being torn apart.

Having said that, you are absolutely correct about some people on ARCs. When we were building our hose here, the ARC said we had to change roof shingle colors because the neighboring house was also going to have brown shingles. It took a while to convince them that having two homes with brown shingles side by side was no different than having 6 homes side by wide with black shingles. Their argument? Well black shingles are standard. The entire street could have standard black shingles, but they didn't want two houses with optional colors next to each other. After a few unkind comments on their mental state, common sense finally prevailed.

In another show of ineptitude, a neighbor wanted to screen in their lanai. Someone from across a green space complained that they blocking his view. When the ARC showed up to see what was going on, they asked this neighbor who gave them permission to build this Gazebo that was sitting there. Now, this complaining individual had lived in that house for over 5 years. The Gazebo, was a rain shelter for golfers that was sitting on golf course property, and had been built the same time the course was. The individual said he had never noticed it, and the ARC had to check with the golf course to ensure that the neighbor hadn't lied and had actually built it themselves.

I'm sure all of us living in deed restricted communities have some horror stories and amusing anecdotes to tell, but I still fee that overall they are a good thing.

Finder

I've never lived in deed restricted as I always thought it would end up with subjective review of several people.  And then those people probably wouldn't live near you.  Reading this does not change my opinion.  Also if I understand it correctly, once a certain percentage of HOA quit paying dues, the HOA dissolves and you are on your own with whatever exists around you.  Is that correct?

If a community is set up with recorded mandatory assessments, if you don't pay those assessments a lien can be attached to the property after a period of time.  In a deed restricted community that maintains common areas, they need the funds for upkeep. You and whomever you sell or give your property to are legally bound to pay the assessments. 

Unfortunately, we live in a deed restricted area that (except for the upkeep of grounds) means nada, zilch in terms of the HOA enforcing the rules and regulations.  Until the development is completed by the builders, the homeowners have their hands tied.  Like a lot of new subdivisions, a good portion of the new homes were purchased by investors hoping to turn a good profit, and they did until the 'crash'.  The ones that are left (investor homes) are rentals, and obviously the renters could care less about the upkeep of their yards, etc. Not that all homeowners care either. We've been told there are several lawsuits pending, and you know how that goes.

However, I might add, the last community we lived in which was also deed restricted, the homeowner next door DID paint his house electric blue.  Again, nada, zilch -nothing was done. I can see where it is good to have, but on the other hand at times it doesn't mean much except a lot of out of pocket money for the homeowners. 

When we read before buying a tot lot was going to be built, that was good.  After it was built, and now we see it's large enough for maybe TWO kids at the time, that was not so good.   Sometimes, we darned if we do, and darned if we don't about a lot of things in life.