Subdivision Provision

[lwallace29]

What is the name of your state? Alabama, In the country.
July 10 2007 we purchased a new home and the extra lot beside it, before even looking at this home we asked the real estate agent of the sellers if there where any problem with us having out side dogs and she told us there was no problems. We have seven labrador retrievers and do conformation shows so this was very important to us that we would not buy a home where they could not come with us. June 16 2008 I recieved a certified letter saying we are not allowed to have anything that is not considered "household pets" and that no pet is allowed to live on lot or be outside after dark, also we are required to have written approval for any fences. We have five kennel type pens that have been on our land since July 10 2007. We were never told any restrictions and have looked thru our paperwork and there is nothing that states any provisions except our two deeds that states there are provisions but are not signed by us. How do we handle a situation like this? WE WOULD NOT HAVE BOUGHT THIS HOME IF WE KNEW YOU WERE NOT ALLOWED TO HAVE OUTSIDE DOGS. Also others in our neighborhood are not following these provisions either. Provisions even states that all porches are to have skirting and two new homes one recently sold and one up for sale do not have this( in all there are four homes that do not have skirting) my new neighbors that moved in four months ago have a unapproved fence and just did excavation on there property to put in a pool and that has to be authorized also.What is the name of your state?

 

[divgradcurl]

We were never told any restrictions and have looked thru our paperwork and there is nothing that states any provisions except our two deeds that states there are provisions but are not signed by us

The provisions on the deeds -- the CC&R's -- are binding on the land, so there would have been no reason to have signed them. You should have been given copies of the CC&R's during closing, and shoud have been provided them before making an offer by your realtor. In any event, there is no question that these types of homeowner's regulations are binding, and as you are finding out, they can be quite limiting and they are oftentimes applied unequally. You will also find that there is probably very little you can do about this legally.

Your best bet is to sell the place, and when you find another place, make abosultely sure that either (a) there are no covenants or restrictions on the property, or (b) if there are, make sure you obtain them, read them, understand them, and then you can make an informed decision.

You may want to discuss this issue with a local attorney, but be forwarned that CC&R's are considered public record, even if you didn't know about them, so you presumably would have read them before you bought the property.

 

[lwallace29]

The provisions on the deeds -- the CC&R's -- are binding on the land, so there would have been no reason to have signed them. You should have been given copies of the CC&R's during closing, and shoud have been provided them before making an offer by your realtor. In any event, there is no question that these types of homeowner's regulations are binding, and as you are finding out, they can be quite limiting and they are oftentimes applied unequally. You will also find that there is probably very little you can do about this legally.

Your best bet is to sell the place, and when you find another place, make abosultely sure that either (a) there are no covenants or restrictions on the property, or (b) if there are, make sure you obtain them, read them, understand them, and then you can make an informed decision.

You may want to discuss this issue with a local attorney, but be forwarned that CC&R's are considered public record, even if you didn't know about them, so you presumably would have read them before you bought the property.

Thank you so much for all your information... We have called the real estate agent who is still admitting she knew nothing about any provisions. And she and I both spoke with the man who sent me the certified letter. The fence is in the limits of the provisions.... he is more worried I planned on getting more dogs to add to the fence which is not my intent. Its for my dogs to be able to play outside and for my children to play away from the road and the other stray dogs in our neighborhood and outside that come and visit. He is planning on coming over tomorrow to check my fence. One question too.. Can he inforce these provisions on me and not on ever home in the subdivision? There are several things that are not being followed on some homes, like back porches are suppose to be skirted and three are not and two houses down there are two great danes that are always outside... I heard them barking when I took one of mine out to potty at midnight last night. I want to see what he has to say before I speak with an attorney. I hope to keep peace with him but will definately be selling. I have never lived anywhere with provisions on my land. One lesson well learned.

 

[divgradcurl]

Can he inforce these provisions on me and not on ever home in the subdivision?

Unfortunately, the answer is generally yes,

 

[lwallace29]

Unfortunately, the answer is generally yes,

Thank you again for all your help.