What are Deed Restrictions
Deed restrictions are (as the name implies)
Restrictions that have been legally
attached to a piece of land, and are documented upon
the Deed, itself, which legally limit how a piece of
land may be used.
The most important thing to know...Is
that we can’t blame the Board of Directors of the Homeowners
Association for our Deed Restrictions.
They were PUT IN PLACE BY THE
DEVELOPERS and CANNOT BE CHANGED BY
They CAN be changed by
a two-thirds vote of the community, but until then they
simply are what they are.
The second most important thing to know…
Is that the Board of Homeowners Association
is legally obligated to enforce the deed restrictions
(especially the ones that involve the potential for
injury) as they were written in order to avoid serious
consequence for them as individuals… and for the community
So, PLEASE … if any Homeowner
is not happy about the restrictions that apply to them…
do not blame the Board, or direct frustrations in their
direction. It’s not their doing.
The only CONSTRUCTIVE thing that can be
done… is to “get active” and work within the community
to get a two-thirds consensus to get the changes that
a homeowner or group of homeowners… thinks that we need.
The Board will provide the information and assistance
to anyone that wishes to accomplish this kind of action.
All the Board can do… is to communicate
clearly to the community… what those restrictions are,
and how they apply.
The Legal Basis for the Restrictions
… If a homeowner within the community will read their
deed (which is the “Title” to their House and Land),
they will see that it specifically states that the use
of their land is subject to the covenants and deed restrictions,
as defined by the Kensington Courts Community Association
governing documents. Those restrictions were “attached”
to our land by the developers before they sold that
land to any homeowners, and was therefore… those restrictions
were already “bound” to that land when it was purchased
by a homeowner. In effect, when we willing bought into
this community we “willing accepted” and “agreed to
be bound” by those limitations. It’s like a contract
that is legally enforceable and cannot be broken, except
through the voting mechanism described above.
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