What is the name of your state? Indiana
Hello. I live in a subdivision, and my wife babysits out of her home. I have my immediate neighbors that think her babysitting "lowers the value of their home" and is against the "covenants of the subdivision".
In section 1 of the restrictions and covenants, "Land Use and Building Type: No lots shall be used for other than residential purposes." This is very vague and hard to interpret what it really means. The way I personally interpret it is that babysitting, besides the fact that probably 50% of all stay at home mothers do it for other children, and 100% of stay at home mothers do it for their own children, babysitting would be a residential purpose. The neighbors have been at us since 10/17/2006, 6 months to the day when we moved into the home.
I'd like to get others opinions on the above topic. Is babysitting a "residential purpose"?
Also, in section 18 of the restrictions: "[Name of subdivision] Association: The owners of not less than 75% of the lots in said [Name of subdivision] shall be authorized to form a community association to be known as [Name of subdivision] Association. Only one association may be formed by the owners. The owner's association shall have such authority as may be determined by the by-laws adopted by the owners forming the association." This also brings up a good point. Does this mean that 75% of the property owners in the subdivision can create an association? Presently, we do not have an association, and in the introduction paragraph, it states the following: "NAME and NAME, husband and wife, of COUNTY, Indiana, hereby declare that they are the owners (owner) of the real estate shown and described in this plat and do hereby lay off, plat, and subdivide said real estate in accordance with the information shown on the plat, being the certified plat attached hereto and incorporated herein. The subdivision shall be known as [Name of subdivision] SUBDIVISION."
Opinions? Does this really mean that the restrictions are not enforceable without 75% of the property owners forming an association or does it mean that the 2 individuals named in the introductory paragraph are the association (even though they do NOT own the property in the subdivision... the homeowners do?
Any information is helpful. I'm already in the process of interviewing agents to sell my home, just because I want to live in a home where I like my neighbors, and they return the favor . I don't know what to do. I'm a nice guy, and they're threatening to take me to court. I don't want to waste money that I don't have on a lawyer, but if I'm reading this correct, the 2 owners out of like 60 homes in the neighborhood, can't do anything really without forming an association. Actually..... the whole document is pretty much null and void without an association, right?