Restrictive covenants

[dmcentee]

What is the name of your state? Missouri

Hi

We bought some land in an unincorporated subdivision a few years ago and built a house. When we bought the land, there were restrictive covenants attached to the land which we reviewed and found satisfactory. Recently however, the subdivision home owners association has added new restrictions to the covenants.

If new restrictions are added after we lived on the land for several years do we have to comply ?

Thanks

[xylene]

Originally Posted by dmcentee

What is the name of your state? Missouri

Hi

We bought some land in an unincorporated subdivision a few years ago and built a house. When we bought the land, there were restrictive covenants attached to the land which we reviewed and found satisfactory. Recently however, the subdivision home owners association has added new restrictions to the covenants.

If new restrictions are added after we lived on the land for several years do we have to comply ?

Thanks

What does the deed/covenant say about the ability of the HOA to add to or modify the covenant restrictionst?

What exactly is the restriction they seek to impose on you?

[dmcentee]

Hi

The covenants say that '...at any time hereafter, any of the foregoing restrictive covenants may be amended, modified or abrograted upon the written and recorded vote of the owners of more than one-half of the tracts.....'

I just found a ruling by the Missouri Court of Appeals that states that 'Language in a restrictive covenant authorizing property owners subject to the covenants to modify, alter or amend the covenants by a two-thirds vote did not authorize the addition of new burdens or restrictions on the use of the land subject to the covenant' (and therefore the landowner was allowed to build a residence on his property).

So from my uninformed point of view since the covenants attached to my land do not authorize new restrictions, new restrictions can not be added and the home owners association can ....