Dont Forget to Ask About Restrictive Covenants

Homebuyers, especially first-timers, may not think of asking about restrictive covenants. But these clauses dictate what can and cannot be done to or on a property. When buyers purchase property governed by restrictive covenants, they consent to conduct their lives in accordance with those provisions.

A restrictive covenant, which is a type of deed restriction, regulates a group of new and existing homes or building lots. Developers use them to preserve a development or subdivision as a model community and control its use and appearance. Buyers agree to the sometimes-rigid restrictions in order to maintain the aesthetic standard set by the developer and to safeguard the value of their homes.

Restrictive covenants should not be confused with local zoning and government regulations. Some covenants and zoning regulations overlap; for instance, either can limit the height of a building. But, restrictive covenants tend to exert greater control over a homeowner's lifestyle. In addition to standard clauses, which may stipulate a home's minimum size, height, architectural style, and color schemes, covenants often ban practices that could be regarded as aesthetically objectionable--such as parking RVs, boats and non-running vehicles on the property.

Covenants may additionally regulate grass height; window treatments; holiday decorations; walls, fences and hedges; as well as pets--some limit number and type of pets allowed). Very often, owners are required to make repairs within a specified number of days of the initial notification. Depending on a community's location and other unique features, restrictions may be applied to the use of pesticides, herbicides and fertilizers and removal of dirt and trees. Owners can be prohibited from installing solar panels, building an enclosed patio or adding a swimming pool. Restrictive covenants can also prevent owners from renting the home or operating a home business, including music lessons and daycare. Condo and townhouse owners sometimes face even more rigid restrictions.

What happens when a violation occurs? It's up to the homeowner's association or individual property owners to enforce a covenant. Local authorities cannot enforce contractual agreements. Instead, it's likely that a committee would review the complaint, then notify the homeowner. If the homeowner ignores the initial notice, he or she might receive a notice from an attorney. Legal action would be a last resort.

Before You Buy

While most homeowners enjoy the quality of life resulting from restrictive covenants, some covenants may prevent you from living the life you planned. Before committing yourself to a property, be certain you can live with all the restrictions.

Ask to see a copy of the restrictive covenants prior to taking a trip out to a property. You may be able to eliminate the house from your "To See" list.

If the sales professional didn't have the document available initially, be certain to review a copy of the restrictive covenants prior to making an offer.

Or, make your offer contingent on your review and approval of the restrictive covenants.

Neda Dabestani-Ryba is a Realtor in Maryland. She is a member of the President's Circle of Top Real Estate Professionals. She can be reached at (800) 536-3806 or visit her website for more information: http://neda.dabestani.pcragent.com/

Prudential Carruthers REALTORS is an independently owned and operated member of Prudential Real Estate Affiliates, Inc., a Prudential Financial company. Equal Housing Opportunity.

---

Be Patient Screening Tenants

Rental real estate is a solid way to make money.... Read More

Things To Consider Before Buying a Condo Hotel or Resort Residence

Resort home ownership, such as condo hotels and fractional shares... Read More

We Buy Houses Scams ? How to Spot Them and How to Avoid Them

There are many reasons why a home owner would want... Read More

Evil Gains Entry

When we open our doors to strangers, we can never... Read More

Selling Houses: The Basics of Design Psychology

I'm often asked about the basics of Design Psychology, which... Read More

Should You Use a Property Management Company or Manage Your Real Estate Investment in Florida?

When considering investment properties, first of all, it must be... Read More

How Do You Profit From O.P.P.?

In a previous article we introduced you to the concept... Read More

How to Make a Home for Sale Flyer Using Marketing Psychology

Want to sell your home right away, for the highest... Read More

Top Tips for First Time Home Buyers

Advice to Help When You're Buying a HomeFirst time home... Read More

Are You Trying to Hit a Home Run With Your Prospects Without Asking Them on a Date?

Real Estate email marketingDo you remember the old School girl/boy... Read More

Selling Your Home: 5 Deal Killers That Are Lurking In Older Homes

You've listed your home for sale, you have a Buyer... Read More

5 Secrets for Surviving a Real Estate Market Downturn

History repeatedly serves to show us that the real estate... Read More

Property Investment Strategy: Securing Properties with Little or No Deposit

Property Investing often requires creative strategies to make it successful.... Read More

Residential Income Property Financing: Part 2 of 3

Welcome to the second segment of a three-part series about... Read More

Empty Nesters Flock To Inner City

Babyboomers whose children have left home, commonly known as "empty-nesters"... Read More

To Buy or Not to Buy

Purchasing a home is a major emotional and financial decision.... Read More

Branded Email in the Real Estate Industry

Branded Email in the Real Estate IndustryYou're in the real... Read More

How to Use the Internet to Help Your Apartment or House Hunting

So you are looking for an apartment to rent or... Read More

Real Estate Investing and Home Ownership

If you already own your home, you will probably make... Read More

Purchasing Property With No Money Down: My Personal Experience

Have you ever seen those infomercials about buying houses with... Read More

How To Find An Experienced Monticello Illinois Realtor

Finding a professional Monticello Realtor in Illinois is the best... Read More

A Beginners Guide to Flipping Houses

If you're dreaming of making money in real estate, it's... Read More

Budgeting Your Log Home: Where Do You Start?

The Log home industry has matured these last many years,... Read More

Inspecting Your New Home - 17 Areas You Must Inspect Before Taking Possession

Congratulations! You've made your decision; you've chosen your new home... Read More

How to Prequalify a Buyer When You Sell Your Home By Owner

One questions many "for sale by owner" sellers... Read More

Investing in Real Estate & REITs

Real estate investing runs the gamut in terms of risk... Read More

Home Loans ? Identity Theft Protection Could Hurt Home Sales

Identity theft has been a hot topic in the news... Read More

Lease Options or Rent to Own?

Finding a rent-to-own house is one of the many ways... Read More

Talk to a Lender Before You Sell Your Home

If you're looking to sell your home quickly, and for... Read More

Understanding the Escrow (Closing) Process

1. What is an escrow?Escrow is defined as a process... Read More

Fraud in Real Estate, Are You Being Victimized? - Part II

The phone range and Peter was on the other end... Read More

Real Estate: Choose a Realtor You Can Trust

Today's volatile real estate market involves complex laws and fluctuating... Read More

Housing Froth Creating Imbalance for Consumers and Investors

Home buyers and sellers should think twice before jumping into... Read More