Restrictive covenant - Posted by Brandon

import · January 25, 2006, 8:22pm

Posted by Frank Chin on January 31, 2006 at 08:46:50:

Brandon:

Speak to the powers to be, the officers of the Association if there are any. Knock on doors, get a petition ready.

I’ve owned condos where there’s an HOA, members pass petitions and discuss proposals with neighbors. In the area where I now live, people seek “variances”, for changes, and formal meetings are held.

While I understand you want a LEGAL WAY to go AROUND, I can tell you how people HATE IT when others do it, and go out of the way to make trouble if they find out. It’s just part of the American psyche, “people hate sneaks, and slimmy lawyers”.

In fact, one developer tried an end run around zoning in my neighborhood claiming he can legally build a huge dock without approvals, claiming his attorney said it was OK, and when the neighborhood busybodies got wind of it, they got the local politicians involved, who contact state and Federal agencies, and the developer quickly folded.

In the end, its not WHAT he wanted done that enraged everyone, but HOW he planned on doing it.

Frank Chin

import · January 25, 2006, 8:22pm

Restrictive covenant - Posted by Brandon

Posted by Brandon on January 25, 2006 at 21:22:19:

Hello! I bought my land and built a house on it 25 years ago. The area was a growing area and this was a new subdivision. I was the 3rd house out of 35 to be built. When we bought the land it came with a restrictive covenant stating that there was to be only 1 house per lot and the houses had to face the neighborhood road. The covenant lasted 20 years (which has already passed) and it renews its self every 10 years after. I live on a corner lot. I have a neighborhood road in front of my house and a non-neighborhood road on the side of my house. I want to sell the back half of my lot to a family member so they can build a house. What can I do to change the covenant? My family member’s house would face the non-neighborhood road. I essentially want to take the back of my lot out of the “neighborhood” Is this possible? How can I get around this restrictive covenant? Thanks!

import · January 26, 2006, 6:24am

Re: Restrictive covenant - Posted by Frank Chin

Posted by Frank Chin on January 26, 2006 at 07:24:06:

Brando:

I agree with Bill that you’ll need the HOA, i.e. the neighbors to agree to it, and you’ll have to make a strong case. But there are many factors that’ll work against you. The neighbors down the street will be saying be saying:

Why can someone on the corner do it, and if that’s the case, whay can’t someone on mid block do it??
It’ll ruin the character of the neighborhood if everyone can sell off half the lot.
I wonder what the traffic would be like if all the lots are broken in half.

I don’t know the politics of your area, but it seems this restrictive covenant is done either in conjuction with zoning or in lieu of zoning. But restrictive covenants serve wider purposes.

If density is increased, utilities like water, sewer, electric and phone would have to be enhanced. Road has to be widened, schools expanded or built.

I know you’re thinking how could I cause all of this. It’s the “if you let one guy do it, you’ll have to let everyone do it argument”.

My friend live in an area where density was increased in response to court orders to provide low cost housing. His taxes went up form $6,000 a year to over $12,000 year. He moved.

Took a drive around his neighborhood. Roads were widened, a school for kindergarten to 2nd grade was built, as well as a high school under construction. Water, sewer bills all went up.

If you bring this up, someone will bring up the issue of higher taxes, and the neighbors will love it.

Believe me, I’ve gone to variance meetings, community board meetings where the usual coterie of activists come by to voice the same objections. A neighboring business was smart enough to have the neigbors, including me, and the activists come by for coffee and donuts and decided not to push to case realizing how tough it’ll be.

Frank Chin

import · January 25, 2006, 11:08pm

Re: Restrictive covenant - Posted by Bill H

Posted by Bill H on January 26, 2006 at 24:08:11:

Only way I can thinkof is to go to the Home Owner’s Association, ask then if they would go along with it…then go to each homeowner in the subdivision and get their approval…you cannot just arbitrarily “Opt Out” of the association and its covenants.

CC&R’s run with the land…literally forever…or until everybody concerned agrees to change then…very difficult to do.

Good Luck,
Bill H

import · January 29, 2006, 1:01pm

Re: Restrictive covenant - Posted by brandon

Posted by brandon on January 29, 2006 at 14:01:27:

Well this is a small rural community. I highly doubt that there will be the politics that you think. I was looking for more of a legal way to get around it without having to get the neighbors involved… If its thie only way then that’s fine. What are the steps involved? Do the nieghbors have to sign a petition?