Garage, meet thy doom: Court backs deed restrictions

Lexington Herald-Leader ^ | Wed, Dec. 10, 2003 | Cheryl Truman

[toddst]

If you buy a home in a restricted community, make sure you follow the rules. A very expensive lesson, in this specific case. Thoughts on this, anyone?

[2banana]

I bought an older home - and no joke - it says (written in the 1920's deed) that an owner of the property shall not sell his land to Jews.

[Living Free in NH]

If you buy a home in a restricted community, make sure you follow the rules. A very expensive lesson, in this specific case. Thoughts on this, anyone?

Yeah. Don't buy a home in a restricted community. I did...once. And I'll never do it again. I got "written up" for installing a screen door. Nope. Never again.

[AnAmericanMother]

When we outgrew our previous home and had to move, we rejected out of hand ANY neighborhood with an association or deed restrictions. All of us are amateur radio operators (lots of antennas in the back yard!), my dog and I do agility (that means lots of odd-looking equipment on the lawn), we like to work on our cars, and my kids like their tree house, swing rope, etc.

In Georgia, deed restrictions expired automatically after 21 years until recently, when they can be continued by a majority vote of the neighborhood association. So it's not that hard to find a parcel of land or an older house that has outlived its restrictive covenants. The subdivision we're living in now was platted out and the deed restrictions created in 1972 - when we purchased it in 1993 they had just expired. . . . and good riddance.

We specifically asked our neighbors about the antennas, and they don't mind (we have them hidden near the back property line in the trees). That's the way these things ought to be dealt with.

[Evocatus]

If you must move into a convenanted neighborhood, and the neighbors see fit to mean-spiritedly and strictly enforce the convenants against your garage and force it to be torn down while ignoring the fences and swimming pools -- then if you are mean-spirited enough, go after the fences and the swimming pools. Maybe it'll turn the convenanted neighborhood into a war zone with big holes in the ground. Perhaps that might affect the property values. Perhaps that will also discourage others from moving in.

[mewzilla]

Thoughts on this, anyone?

Just one. Why anyone would want to live in one of these places is beyond me.

[Always Right]

I bought an older home - and no joke - it says (written in the 1920's deed) that an owner of the property shall not sell his land to Jews.

Lot of old deeds have discrininatory restrictions, most commonly against blacks. But deed restrictionis that are illegal, such as ones that discriminate against race or religion, are illegal and unenforceable.

[toddst]

I bought an older home - and no joke - it says (written in the 1920's deed) that an owner of the property shall not sell his land to Jews.

Not surprised and expect a similar restriction to exist in deeds concerning blacks, Irish, and others in various parts of the country. Read and understand deed restrictions before buying.

[Gorzaloon]

Yeah. Don't buy a home in a restricted community. I did...once. And I'll never do it again. I got "written up" for installing a screen door. Nope. Never again.

To me, it would mean I did not really "Buy" my home. I really leased a condo, in effect.

I hope they leave that mound of rubble where the garage was, removing it one brick at a time.

[Always Right]

If you buy a home in a restricted community, make sure you follow the rules. A very expensive lesson, in this specific case. Thoughts on this, anyone?

Virtually all subdivisions these days have Convanents and Restrictions. You should always read through them before buying. Most of them are good and protect the value of the homes, such as requiring homeowners to maintain yards and not allowing people to raise lifestock. Communities with overly strict rules and homeowners associations can be trouble.

[kinsman redeemer]

If the problem is that a "detached" garage is unacceptable, then call the first building phase complete and begin construction on Phase II - the attachment process.

Could a long hall connect the buildings?

[Sabatier]

As with all governments there's room for abuse on how restrictions are enforced - sometimes selectively.
Some people's "problems" in these communities will be overlooked while others will be prosecuted.

It's no different with city government. For example, if you think you're the next Mrs. Field's and start out by baking your cookies at home you can expect a visit from the health department. But in our city it appears that if you drive a few streets south and open a roach coach in your driveway and serve burritos, no problem. Selective enforcement of the health code? Could be.
Translation: the buddy system works, and life ain't fair. That's going to be true no matter where you live.

[bvw]

A good judgement. Deed restrictions have become wild and overgrown, and the only way to bring tham back to reality is with some hard, cutting rulings like this.

[Wonder Warthog]

"In Georgia, deed restrictions expired automatically after 21 years until recently, when they can be continued by a majority vote of the neighborhood association."

Ah! Now THAT approach is a good one--although I think 10 years would be better. This idea that "deed restrictions" should be eternal are for the birds. And in fact, this would be a good idea in general for ALL kinds of legislation passed. Sunset them automatically unless they are re-instated (and by gum, I would make that re-instatement dependend on a simply majority vote--it would take a 2/3'rds majority).

[toddst]

Why anyone would want to live in one of these places is beyond me.

People seem to rationalize what I'll characterize as abusive behavior when it comes to their right to do what they want on their land. I wish there were restrictions in my neighborhood, based on visual violations we have to tolerate ( cheap, ugly fences, crappy little out-buildings etc.)

It's difficult to protect the property values of your home and yard when a slob lives close by.

[apillar]

I would sooner live in a cardboard box under a bridge than in one of these deed restricted communities. I can't understand why anybody would spend good money to have every facet of their property under the constant watchful eye of "Mommy Busy-Body" and "Daddy Rule-Nazi" the local tin- horn dictators of the fiefdom they call a homeowners association. Heck you would probably have more rights if you moved to China.

That being said I don't have much compassion for people that buy into such communities and then get upset when they are on the losing end of the Iron first of the homeowners association. You made a deal with the devil, live with it.

[wjcsux]

I owned a home near Tucson that was in a restricted area. The neighborhood association, according to Pima County Ordinance, had to approve any plans you had for construction of anything. In other words, you had to get the approval of your neighbors so you could get a building permit. Never again.

[PennsylvaniaMom]

I am taking classes right not to get my PA Real Estate license. Any restrictive covenant that would prohibit the sale of the property on the basis of race, sex, religion or national origin would be illegal. Period. Even if you are not doing a VA or FHA loan, and taking a private mortgage any lender would negate the sale if a restrictive covenant (on who can buy the property) is present. Lenders, inorder to deal with banking/lending regulations cannot be a party to any deal that violates the Federal Fair Housing Act. Any homeowner that tried to honor such a covenant would be wide open to damages brought by any discriminated against buyer. Any real estate licensee who participated in such a deal would lose his/her license and the broker who held their license would also be fined/censured. It is that serious of an offense.

In practice, if upon listing a property such a restrictive covenenant is found, it is be pointed out that it is absolutely illegal (in some states, that would be redacted out of the paperwork as to not generate even a hint of discriminatory actions).

[Rebelbase]

There is a regional park with a PGA golf course in my area that used to be the estate of an RJ Reynolds heir.

It was deeded to the County for use as a park for "white people only" in 1951.

[beezdotcom]

I bought my home in a "deed-restricted wanna-be" community - meaning that the association WISHES they had managed to put restrictions in the deeds, but didn't. It's a strictly voluntary association. The pamphlet you get when you join has some pablum about "even though these covenants are voluntary, they are enforceable..." yeah, right. They are enforcable to the extent that they could squander the very limited funds of the podunk association by taking me to court to ask me to comply with their membership rules, in which case I can simply opt out of this voluntary association.

A friend of mine who lives there told me about the time he got a permit from the county to start putting in a garage. His "block captain" came up to him and informed him that the association rules stated he couldn't have a detached garage. He built it anyway. In fact, he's the reason they put the statement in the brochure - but time after time after time, they've been rebuffed when they try to assert these rules.

After a couple of run-ins with my little tin general of a "block captain" this year, I've decided not to renew my membership. He'll find it very frustrating that now he'll just have to come to me as "John the neighbor" instead of "John the Block Captain".