real estate covenants

[Leslie in PA]

I want to build a shed in my yard and the covenants I signed do not allow me to do so. If the developer does not agree to let me build, does he have a right to enforce the covenants? I beleive that it is unconstitutional to enforce this agreement on property that I own. I should only be obligated to the mortgage company and to abide by the law. This convenant, even though I originally agreed to it, is a violation of my personal liberty to do what I want on my own property as long as I am not breaking the law or infringing upon the rights of others.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Leslie in PA:
I want to build a shed in my yard and the covenants I signed do not allow me to do so. If the developer does not agree to let me build, does he have a right to enforce the covenants? I beleive that it is unconstitutional to enforce this agreement on property that I own. I should only be obligated to the mortgage company and to abide by the law. This convenant, even though I originally agreed to it, is a violation of my personal liberty to do what I want on my own property as long as I am not breaking the law or infringing upon the rights of others.<HR></BLOCKQUOTE>

You should have argued your point earlier like before you bought the property. You also had a right not to buy the property.
Sorry no shed this time.

 

[Tracey]

The constitution say the State can't deprive you of a property right without granting you due process of law. It does NOT say that you can knowingly choose to waive a property right & then claim that you shouldn't be held to your contract just because "property" is involved. You lose.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[leslie in PA]

That is sort of like saying that if I make an agreement with someone never to get married and then fall in love a year later, I can't get married. Or if a buy a Ford Explorer and promise Ford I will never paint it purple and change my mind and want to paint it, I can't. I beleive that if this issue were to be taken to court, it could not be enforced. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
You should have argued your point earlier like before you bought the property. You also had a right not to buy the property.
Sorry no shed this time.<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by leslie in PA:
That is sort of like saying that if I make an agreement with someone never to get married and then fall in love a year later, I can't get married. Or if a buy a Ford Explorer and promise Ford I will never paint it purple and change my mind and want to paint it, I can't. I beleive that if this issue were to be taken to court, it could not be enforced. <HR></BLOCKQUOTE>

Your perception of this matter is like dealing with apples and oranges. You are certainly entitled to your own opinion (although incorrect) and have the right to let the courts decide the matter.
Keep in mind that you will be asked by opposing counsel what your understanding of the restrictive covenants was at the time you bought the property.

 

[shanna]

I'm with Leslie! The law may be the law but it's wrong if it's unreasonable and interferes with one's enjoyment of their property. A person should be able to build, fence, etc. as long as it is within state or county codes. Not a pack of lunitics personal code!! We bought a new home with small acreage in a rural subdivision 3 months ago. Life has been hell ever since! Subdivision has basic codes such as square footage, types of fencing allowed, no non-running vehicles, no rubbish or junk, etc. Pretty basic. We have continually harrassed by the developer and the other 3 neighbors. Developer is constantly calling us claiming the neighbors are complaining about how our place looks. We don't understand! We've done more work than any of them! We are the only one with fencing and landscaping! All done within code and covenants! Developer claims the neighbors hate our fencing and want it removed because it affects the looks of their property! Give me a break!! Our attorney says we have done nothing wrong and they are interefering with our personal enjoyment of our property. If this keeps up, he is prepared to file a lawsuit against the developer and neighbors on our behalf. We've had it! Covenants are being used to harrass us! FIGHTING MAD IN COLORADO!!!!

 

[shanna]

And by the way, an opinion is just that! It's neither correct or incorrect!!!! Grrrrrrr!!!

 

[Leslie in PA]

Actually, when I read the covenants I did not take them seriously only because it seemed ridiculous and unenforceable that someone could actually tell me what I could and could not do on my own property. I looked at them like guidelines not laws. After all, they are not laws. They are restictions on me by an uninvolved party. They no longer own the land. It is mine (and Bank of America's). How can someone no longer involved in my life tell me what to do with my property? They are not paying my mortgage. It is simply to protect the investment of the developer. The only reason these so-called covenants exist is because some wealthy land developer got together with the local politicians and passed some legislation to enforce their restrictions. It is unbelievable that we can actually be forced by law to adhere to them. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Your perception of this matter is like dealing with apples and oranges. You are certainly entitled to your own opinion (although incorrect) and have the right to let the courts decide the matter.
Keep in mind that you will be asked by opposing counsel what your understanding of the restrictive covenants was at the time you bought the property.<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Leslie in PA:
Actually, when I read the covenants I did not take them seriously only because it seemed ridiculous and unenforceable that someone could actually tell me what I could and could not do on my own property. I looked at them like guidelines not laws. After all, they are not laws. They are restictions on me by an uninvolved party. They no longer own the land. It is mine (and Bank of America's). How can someone no longer involved in my life tell me what to do with my property? They are not paying my mortgage. It is simply to protect the investment of the developer. The only reason these so-called covenants exist is because some wealthy land developer got together with the local politicians and passed some legislation to enforce their restrictions. It is unbelievable that we can actually be forced by law to adhere to them. <HR></BLOCKQUOTE>

You still do not get it. Consider the covenants the law of the land. The restrictions are there to mainly protect the property owners in the development. What if all the neighbors built sheds, decks, fences etc. anywhere on their properties in all shapes, colors and sizes? What if neighbors painted their homes and used roofing materials of different colors that did not match? What if the neighbors renovated their homes and built 2-3 stories, used plywood siding and storefront glass and painted their garage doors with pink and purple stripes? What if the residents left their yards just dirt with no landscaping or ground cover or did not clean their yards and let the weeds grow 6 feet high? What if the homeowners parked their boats, RV's and work vans and trucks in the road and partly on the sidewalks? What if the neighbors operated an auto repair shop out of their garage using their driveway and streetfront to store the abandonded looking vehicles ( no current, insurance registration and safety check) and various auto parts were everywhere? From car tires, rims, parts of mufflers, engines etc. What if the neighbors raised animals and had a small farm on their property with dogs, cats, and noisy and smelly chickens, emus, ducks etc? The dogs consisted of 15 pit bulls. What if the neighbors were contractors and stored building materials such as pallets of lumber, toilets, plywood, drywall, roofing shingles etc. in their driveway, yard and on the streetfront? And parked their long flatbed trucks, concrete trucks and concrete mixers and roofing kettles in the street. All trucks were old, rusty and dirty and had a logo of a large woman exposing her bare butt under large red and white lettering stating: "BADASS CONSTRUCTION". What if another neighbor (a relative of the contractor) operates a limo and tour bus service and blocks the entire street with his vehicles marked "BADASS MASSAGE and ESCORT SERVICE" and with a similar logo but of the top female torso.
Get the picture?

 

[Leslie in PA]

Actually, you are the one who does not get it. There is already plenty of local legislation out there to protect people from many of the circumstances you mention. Things that violate the personal freedoms of others such as the right to breath air not contaminated by smelly chickens, obstruction of roads and sidewalks, and pornographic public advertising are not, and should not be, tolerated. However, as you know, beauty is in the eye of the beholder and it should not be against the law to have the color, landscaping (or lack of), clothes line, dog run, RV in driveway, or shed that you want. Aesthetically displeasing roofing materials should not be illegal. <BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
You still do not get it. Consider the covenants the law of the land. The restrictions are there to mainly protect the property owners in the development. What if all the neighbors built sheds, decks, fences etc. anywhere on their properties in all shapes, colors and sizes? What if neighbors painted their homes and used roofing materials of different colors that did not match? What if the neighbors renovated their homes and built 2-3 stories, used plywood siding and storefront glass and painted their garage doors with pink and purple stripes? What if the residents left their yards just dirt with no landscaping or ground cover or did not clean their yards and let the weeds grow 6 feet high? What if the homeowners parked their boats, RV's and work vans and trucks in the road and partly on the sidewalks? What if the neighbors operated an auto repair shop out of their garage using their driveway and streetfront to store the abandonded looking vehicles ( no current, insurance registration and safety check) and various auto parts were everywhere? From car tires, rims, parts of mufflers, engines etc. What if the neighbors raised animals and had a small farm on their property with dogs, cats, and noisy and smelly chickens, emus, ducks etc? The dogs consisted of 15 pit bulls. What if the neighbors were contractors and stored building materials such as pallets of lumber, toilets, plywood, drywall, roofing shingles etc. in their driveway, yard and on the streetfront? And parked their long flatbed trucks, concrete trucks and concrete mixers and roofing kettles in the street. All trucks were old, rusty and dirty and had a logo of a large woman exposing her bare butt under large red and white lettering stating: "BADASS CONSTRUCTION". What if another neighbor (a relative of the contractor) operates a limo and tour bus service and blocks the entire street with his vehicles marked "BADASS MASSAGE and ESCORT SERVICE" and with a similar logo but of the top female torso.
Get the picture?<HR></BLOCKQUOTE>

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Leslie in PA:
Actually, you are the one who does not get it. There is already plenty of local legislation out there to protect people from many of the circumstances you mention. Things that violate the personal freedoms of others such as the right to breath air not contaminated by smelly chickens, obstruction of roads and sidewalks, and pornographic public advertising are not, and should not be, tolerated. However, as you know, beauty is in the eye of the beholder and it should not be against the law to have the color, landscaping (or lack of), clothes line, dog run, RV in driveway, or shed that you want. Aesthetically displeasing roofing materials should not be illegal. <HR></BLOCKQUOTE>

Leslie, you are missing the point here. You are the one that bought property in a development governed by restrictive covenants. And by your own admission, you read them and signed the documents. If you did in fact want more freedom, you should have bought in a development that had absolutely no restictive covenants. Maybe property in an unincorporated city or town with no building and zoning codes and other governmental restrictions.