Residents in deed-restricted communities have benefits

December 15, 2013 

Deed restrictions properly filed in the land records of a community provide legal recourse for violations of a standard of living as adopted by the community residents. They are required to be enforced uniformly for all the residents with no exceptions. They provide for the peaceful possession and enjoyment of one's home.

Unfortunately, several factors can cause considerable angst for buyers, renters and the community's residents.

Realtors might sell property in a deed-restricted community without requesting the restrictions document from the association to give to the buyer, or even telling the buyer that the community is deed-restricted. If full disclosure was not made by the Realtor to the buyer, it would seem the buyer would have recourse against the Realtor in such cases.

Homeowners who rent their property in a deed-restricted community frequently do not give a copy of the restrictions to renters. This often causes a rift between the residents and renter. One very effective solution to this problem is for residents to vote for an amendment to the deed restrictions, which requires an owner to make compliance with the deed restrictions an integral part of any lease agreement.

It is incumbent upon Realtors and lessors to inform prospective renters and buyers of the community's deed restrictions before entering into any contract.

Residents living in a deed-restricted community are very fortunate. They have recourse to deal with problems such as campers, boats, wreckers and tractor trailer cabs parked in the driveways or on the lawn, and sand boxes, basketball hoops, etc. on the front yard. Business activity that repeatedly brings people to the residence can be avoided. There are many more benefits far too numerous to mention here.

Patrick Neylan


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