[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]

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.

[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.

[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".

[skinkinthegrass]

NO BASKETBALL HOOPS IN KENTUCKY WILDCAT COUNTRY???

They got what they deserved...ELRUDITE SNOBS...no basketball hoops.....REALLY!

[Modernman]

Thoughts on this, anyone?

Shrug... Nothing really special here. Read your deed when you buy a home. These folks were foolish to build this garage when the litigation was going on.

That being said, homeowners associations are home to some of the worst busybodies and tattletales you'll ever find. I practice RE law and my parents got into a dispute with their homeowner's association down in Florida over some illegally planted bushes. I had to write letters to all of the memebers of the board threatening to sue them personally if they didn't back off. Sure, we would have probably lost, but we could have made them spend tens of thousands of dollars defending themselves.

[doodad]

What was the covenant rule that was broken? The article doesn't specifically say. Because of the detached nature, or size, or what?

I would let the court enforce the removal. Sure judge bring your d-9 over when you are ready.

[Liberal Classic]

If you can't build a mondo garage you don't really own your house.

[Knightsofswing]

What has happend to private property rights? Can we "nyet" komrade? There is a plank in the communist manifsto about doing away with private property rights. And to make matters worse the courts are helping our emines[sp]& those who would do us harm! I do not have the answers


YET, but I will.

SEMPER FI

[Arkinsaw]

If you move into one of these, you are moving into an area that is under the jurisdiction of a pseudo-government that is not bound by all of the normal government restrictions (on free speech for instance).

Stay away. If it quacks like a government and waddles like a government then it is a government and should be under the same constraints as any other government.

[Publius6961]

Thoughts on this, anyone?

Absolutely.
All associations are "run" by a board of directors; some of them are there for decades and succumb to the "power corrupts..." admonition.

Attend those monthly meetings. Ask questions. At the very least, make sure they know they are being watched.
You don't know "arbitrary" until you have to deal with these minor despots.
And then there are the two remaining options. Run for the board yourself. Elections must be open. Finally, some term limits there also would be a healthy restraint on the more enthusiastic controlling twits.

Participation is the most effective means to maintain a healthy and fair association.

[UNGN]

When I built my 2100 square foot garage at my South Carolina House, Property values in the neighborhood went UP as an influx of CAR GUY's gave the neighborhood a second look and built their houses there.

Those people were wrong for not trying to get the deed restrictions altered before they built. It probably could have been done for a fraction of $70K

My Father Was sued when he added 5 stalls to his 4 stall garage in Nebraska. But... because he complied with all deed restrictions and had the developers approval, the case was thrown out and the car hating neighbors were left paying their $10K in lawyers fees.