If you are moving into a neighborhood run by a homeowners association, you need to be aware of its restrictive covenants. Violating any of the rules within the covenant could result in penalties or even impact your ownership of the property you are buying. Here is what you need to know about restrictive covenants before you buy your new home.
What Is Typically Included In Restrictive Covenants?
Although each homeowners association has the right to draft their own restrictive covenants, there are some basics that are typically found in them. For instance, the covenants usually note the colors that a home in the community can be painted. Other visible choices that are often include the type of window treatments that can be used in your home and the fencing you can install.
In addition to this, the covenants could include rules on noises and smells that could come from the property. For instance, if you plan to keep a kennel, you could be restricted from doing so or there might be strict rules that dictate how the kennel can be operated.
What Should You Look For?
Ideally, you should review the restrictive covenants before you agree to buy a home. Depending on the homeowners association, the covenant could be a few pages long or even hundreds of pages. Even though the document might be long, it is important that you take the time to read every page in it. Failing to follow the rules within it could have harsh consequences.
When you are reviewing the restrictive covenants, the most important thing you should look for are those rules which you cannot abide by. If you are unable to abide by certain rules, you could talk to the board members at the next meeting to request a change of the rules or an exemption. If the rules remain, you will need to decide if you can learn to live with the rules or look for another place to live.
It is important to note that board members are generally open to modifications. As long as the requested changes do not result in problems that could negatively impact the community, such as unkempt lawns, you might be able to convince the board to change the rules.
Your real estate agent can be instrumental in not only helping you to find a community with restrictive covenants you can live with but also in providing advice on how to request modifications, if necessary.
