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Old 07-06-2003, 03:56 PM
Kari
 
Posts: n/a
Default garden police gone wild?

Okay, I'm gonna come out of lurk mode for a bit here. I've read most of
these posts, and being a property appraiser, I deal with many of these
issues on a daily basis from the public.

There is what is called The Bundle of Rights, and here they are.

*The right to use
*The right to sell
*The right to lease or rent
*The right to enter or leave
*The right to refuse to exercise any of the above

NOW. The simple fact of the matter is, if you purchase a home within a
subdivision of property that contains by-laws, you are agreeing to the
by-laws. The documentation is signed when closing (usually). These by-laws
are maintained by the community and are entered into public record (the
courts), so they are also backed up by the county in which they sit.

If you don't agree with those by-laws, you don't buy within that
subdivision. That simple. Why? Because 9 times out of 10, someone will be
in that neighborhood ENFORCING those by-laws!!! If you live there already
and don't like them, the chances of getting rid of those by-laws are tricky,
expensive legally, and most likely impossible. If you live in a
neighborhood that enforces the by-laws on some and not others, well, that is
an easy win in a court of law (we see this happening often).

The other thing that can over ride the most simple definition of these
rights are zoning and codes within the city/township, or county. Such as
having 60 cars rotting on a lot can cause some serious health problems sort
of things. And there is always the good ol' eminent domain for roads and
such.

In reality, the laws and by-laws are there to support a neighborhood style
of living that others want and have pretty much established by court record.
If you don't like them, don't live there.

There are subdivisions within this county that don't allow the house to be
seen fromt he highway. Another that controls what you can plant, where, and
how much of it. I've even seen subdivisions that have it written how tall
your grass can get; if you don't mow it, they'll do it for you and charge
you. Yes, I've even seen a lean against a property because the grass was
not green enough. The color range of a lawn was in those by-laws. I've
seen that if the community suspects an infestation of insect or rodent, they
have the right to ENTER your home without warning and inspect it.

I have also seen situations that are like the pink house with the farmer.
The bottom line is if that farmer has not legally joined that association
there isn't a damned thing they can do to him. Some people forget that they
cannot control what is outside of that subdivision's boundries.

Lowering property values with the venison hanging on the basketball hoop and
the alleged molestation of a child, plus the "trailers" being left out?
That one is iffy. It would take years of property sales within that direct
neighborhood to prove such a thing, and even that proof can be argued. Some
neighborhoods just fall. Now if it was in your block, that may be a
different matter. At this point in time I am appraising a neighborhood that
is claiming to have a possible crack house in it (maybe two or three). So
far the property values have not been affected what so ever, and that
complaint has existed for about 3 years now. Yes, the yard is a junk heap
(the first suspiscion that it's a meth/crack house). But the property
values either hold steady or rise.

So it all depends as to what you personally want to live with. I personally
searched for a subdivision (cause I can't afford to maintain my own well)
that would leave me alone and found it.

--
Dance as if no one were watching,
Sing as if no one were listening,
And live every day as if it were your last.