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Old 04-06-2003, 05:08 PM
Vox Humana
 
Posts: n/a
Default garden police gone wild?


wrote in message
...

It is one thing to have that kind of deed restrictions, but to have it
creep up on people or after the fact who didnt buy into that in the first

place is
another. Ingrid


I don't know why people keep saying that deed restrictions "creep up on
people" or that they "didn't buy into that in the first place." You have
been sold a bill of goods if you believe that. Deed restrictions are a
matter of public record. You can go to the courthouse and ask for a copy.
There is nothing mysterious or covert about deed restriction. Such
restrictions can exist and be enforced with or without a homeowner's
association. Also, you either bought into or didn't buy into a development
with a homeowner's association. They don't spring up in the middle of the
night. A person may find that their land has been rezoned. That is a
completely different matter. Times change. Zoning changes grandfather in
non-complying structures and uses. I suspect that the occasional squeaky
wheel who becomes unhappy because they are prevented from doing what they
want misrepresents the facts. I have seen this happen at meetings. People
claim they never agreed to the covenants and restrictions. In reality they
signed a "Planned Unit Development Rider" at closing. The multiple listing
service clearly indicates the existence of a homeowner's association and the
amount of the dues. When there is a transfer of ownership the county
notifies the HOA which in turn sends out a letter and a copy of the rules
(which are also on file at the courthouse.)

How could someone be under the control of a HOA when they didn't "buy into
that in the first place?" How can deed restrictions change after they buy a
property?