Deed Restrictions

[newwife03]

What is the name of your state (only U.S. law)? TX**************Could someone tell me if Deed restrictions can be modified or changed. If so, when?

 

[jumac]

guess thats going depend on what hte restriction is that you want to change/remove and the wording of the deed

 

[justalayman]

and what party you are on the deed and what any other involved party has to say about it.

 

[jumac]

would like to add the age of restriction. a quick google search points out that sometimes can get a restriction remove or such if it was put in at a time when something was considered something people didn't want to happen in their area may have put restriction on doing it. If now a days its comman to do these things may be easy to remove restriction.

also check to see if the restriction is even legal now. ie there was a time when it was legal to put a restion on a deed that said only certain races/gender/whateve could own the land. These have sence been made illegal.

 

[JETX]

Could someone tell me if Deed restrictions can be modified or changed. If so, when?

And now for a legally ACCURATE answer.....

Yes, deed restrictions can be modified, created or deleted. The process should be described in the deed restriction document or HOA By-Laws.

 

[newwife03]

The reason why I'm asking is that the deed restrictions state that you can notpark your 4 wheeler, boat or camper in your driveway. We just elected our board members on Thursday and they are discussing the issues of the items would be approved to park in your driveway. Well then the Managmnet company sent a email to the homeowners stating that the deed restrictions can not be changed or modified until 2014. We are also wanting to change Management companies....How do we do that? Is there a website that I can go to and find out more info? if so, please post. Thanks

 

[JETX]

We are also wanting to change Management companies....How do we do that? Is there a website that I can go to and find out more info?

First, where is your HOA attorney in all of this?? Second, what EXACTLY is YOUR standing (Director, Officer, etc.) in the HOA???

In any case, I suggest you contact the Texas Chapter of the 'Community Associations Institute' at:
CAI Homepage

One of their main purposes is to help HOA groups to properly establish procedures and practices that comply with the laws and requirements.

 

[justalayman]

And now for a legally ACCURATE answer.....

Yes, deed restrictions can be modified, created or deleted. The process should be described in the deed restriction document or HOA By-Laws.

not always true JETX. If there is no HOA that controls and the restrictions are simply listed as restrictions included within a deed, changing them can be very difficult and sometimes simply impossible.

that is why the questions had to be answered before the OP could receive an answer that wasn't simply a guess. You happened to guess correctly that there is an HOA involved but until such time the OP presented that info, your guess was nothing more than a guess.

 

[JETX]

not always true JETX. If there is no HOA that controls and the restrictions are simply listed as restrictions included within a deed, changing them can be very difficult and sometimes simply impossible.

Awwww..... jeeze, here we go again.
First, 'deed restrictions' are NOT contained within a 'deed of trust'.

that is why the questions had to be answered before the OP could receive an answer that wasn't simply a guess. You happened to guess correctly that there is an HOA involved but until such time the OP presented that info, your guess was nothing more than a guess.

No 'guess' involved at all on my part.... but clearly on yours.

I suggest you do a little research (I just completed teaching an HOA 'training course' YESTERDAY) for about 10 HOA Boards.... just knowledge and experience.

 

[justalayman]

JETX;2544781]Awwww..... jeeze, here we go again.
First, 'deed restrictions' are NOT contained within a 'deed of trust'.

who said anything about a deed of trust? Making up facts is poor support for your argument. Unless otherwise written, a reasonable person would accept the deed referred to as a simple deed to transfer the property from the seller to the buyer. Since you are so well educated, you will surely know that a deed of trust is not present in all transactions and that it serves a very specific purpose and that it is not even granted by the seller of the property. It is NOT the deed that transfers property from the seller to the buyer and as such, of course it will not contain all of the statements a deed used to transfer title from a seller to an buyer will.

Geesh JETX, I know you are smarter than trying to make such a ridiculous argument, aren't you?

No 'guess' involved at all on my part.... but clearly on yours.

yes, it was absolutely a guess. There was no mention of an HOA prior to yours. That means it was a guess.

I suggest you do a little research (I just completed teaching an HOA 'training course' YESTERDAY) for about 10 HOA Boards.... just knowledge and experience.

and the point is? If you imply it makes you correct, it doesn't. Second, since it has nothing to do with the statements I made, it is simply you puffing out your chest trying to intimidate. Sorry, didn't work.