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Currently I live in Daphne, AL in a VERY large subdivision (2,000+ homes), or development as we yankees call it, and covenants have been a "less than desirable" commitment that I blindly made. I blindly entered into the situation because where I'm from your land is your land. See, I'm a "toy" kinda boy, gotta have my harley, boats, trailers, etc.
Some homes I found that were "of interest" were listed as having covenants on the MLS. My question is that what restrictions are you guys seeing in these communities?
Would I have a problem having Harleys?
Keeping a boat in the yard?
Keeping my 6X12 toy hauler in the yard?
What sort of leniencies have been made? 6ft tall privacy fence requirements? No company logos on wheeled vehicles? None at all?
The head of the "architectural committee" (which I take offense as an engineer that no one in this "committee" even has a degree in architecture) absolutely HATES me and finds every little thing to nit-pick. I finally had to serve her with papers declaring harassment and every complaint has to be addressed to my legal team. I take a lot of personal pride in my property's appearance and spend a lot of time landscaping, improving, and maintaining; it's one of my favorite hobbies. The last straw was their "requirement" to have drawings submitted for a new lattice enclosure of my rear deck; to which we beat them with their own covenants. What a headache!
Obviously you can see that I don't need someone to tell me to keep my INVESTMENT looking good; some might, but I don't. I also wouldn't keep a boat or vehicle within plain sight; personal preference. So these covenants, or rather THIS association, has given me a foul taste in my mouth about covenant enforcement.
What are your experiences with restrictive covenants in NH? All input is welcome, positive or negative.
Realtor should be able to pull up the covenants for a property you're looking at on NNEREN.
I stayed away from any property with any kind of covenant on it. That's why I'm not building in any kind of subdivision. Alternatively, my neighbor could put a couch out on the 18" high front lawn and put a camaro up on blocks and there's nothing I could do about it. That's why the land I will build on will not be in view of any other house.
Realtor should be able to pull up the covenants for a property you're looking at on NNEREN.
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Just say no to covenants. It's Live Free or Die!
Agreed!!!
Actually though, the first part of your advice isn't quite true. The covenants themselves won't be on NNEREN, but the Realtor should be able to get them either from the listing agency, or tracing back by accessing the deed. ALWAYS review the deed carefully for mention of covenants. You'll generally find 'protective' (gag) covenants in subdivisions, especially if there is any sort of signage announcing the name of the neighborhood. Some are more RESTRICTIVE than others, while some want to control EVERY aspect of the exterior of your home, including the right to plant or cut trees and what door colors are acceptable to "The Association". If there is mention of 'common land' in the description, you'll most likely have some covenants to read through.
Some of the most common: no livestock, including chickens. No businesses to be run out of a house, no signage. Some may or may not have restrictions on RVs, boats, etc. Some may not allow chain link or metal fencing, or no privacy fences. Trash barrels to be kept in the garage or otherwise out of sight from any of the neighbors. The subdivision we bought into in Missouri (Misery) had a rule that ALL GARAGE DOORS WERE TO BE KEPT IN THE DOWN POSITION EXCEPT WHEN IN ACTIVE USE. We took great delight in keeping all 3 garage doors open as often as possible just to irritate the nosy Association President who lived within sight.
Funny thing is, people in other areas of the country take their 'protective covenants' VERY seriously. Our friends and neighbors couldn't understand our aversion to, and irritation with them, and couldn't believe that the majority of properties 'back home' managed to be nicely maintained without a committee to oversee everyone's private property.
Our friends and neighbors couldn't understand our aversion to, and irritation with them, and couldn't believe that the majority of properties 'back home' managed to be nicely maintained without a committee to oversee everyone's private property.
I experience the same thing down here. I get "Really? No subdivisions? You don't have homeowner's associations?". I tell them that most take pride in what their house looks like, we don't need nosy-neighbor-babysitters to keep tabs on our property. I also tell them that there are "some" who don't choose to keep their property nice, but hey, "live free or die". My philosophy is I've worked damn hard for what I have, I'm not open to "suggestions" from a nosy-nelly on how to keep my property; I also consider it impolite to impose my thoughts on how others keep THEIR properties - TO EACH THEIR OWN.
I really wouldn't mind a neighborhood that had a FEW covenants, but certainly not one that tried to dictate every last thing (like my current home). If I do so choose, I WILL keep a boat, trailer, or whatnot on my land in a well-kept fashion....but I'd like to avoid the nosy neighbor OR the know-nothing association president if I can help it; those people need more hobbies! I can only imagine what those people think when they watch "American Pickers"... they must be disgusted!
But seriously, I'm a very neat, clean, and SUPER organized person. THIS is why I had such heartache over this woman nit-picking my home; as it's the nicest in the area it's in, it just had a boat behind the house which COULDN'T be seen from the main road (only on the side road, corner lot), which met the standards set forth in the covenants. Where she screwed up was stating in writing that it could be seen from the SIDE road, to which the covs said only the main road; so my property is held to higher standards? I won, but I had to take time out of my days to do it; that isn't right. During initial discussions about it, I was informed that the covenants were "not for my interpretation".....to which I created a small uproar against her at the next association meeting. People were pissed when they heard that.
Through all the frustration was a learning experience. I now know that with my active lifestyle that involves powersports, I can't live in such a place that won't allow keeping the "toys" on the property in the open. Advising me about getting the covenants in black and white prior to even making an offer is great advice.
Actually though, the first part of your advice isn't quite true. The covenants themselves won't be on NNEREN, but the Realtor should be able to get them either from the listing agency, or tracing back by accessing the deed.
Thanks for clearing that up, Val. What I meant to say was that if you're looking at a listing on NNEREN, you can see on the listing if there are covenants applicable (if I remember correctly). You can then have your Realtor pull the covenants from wherever necessary.
Actually though, the first part of your advice isn't quite true. The covenants themselves won't be on NNEREN, but the Realtor should be able to get them either from the listing agency, or tracing back by accessing the deed. ALWAYS review the deed carefully for mention of covenants. You'll generally find 'protective' (gag) covenants in subdivisions, especially if there is any sort of signage announcing the name of the neighborhood. Some are more RESTRICTIVE than others, while some want to control EVERY aspect of the exterior of your home, including the right to plant or cut trees and what door colors are acceptable to "The Association". If there is mention of 'common land' in the description, you'll most likely have some covenants to read through.
Some of the most common: no livestock, including chickens. No businesses to be run out of a house, no signage. Some may or may not have restrictions on RVs, boats, etc. Some may not allow chain link or metal fencing, or no privacy fences. Trash barrels to be kept in the garage or otherwise out of sight from any of the neighbors. The subdivision we bought into in Missouri (Misery) had a rule that ALL GARAGE DOORS WERE TO BE KEPT IN THE DOWN POSITION EXCEPT WHEN IN ACTIVE USE. We took great delight in keeping all 3 garage doors open as often as possible just to irritate the nosy Association President who lived within sight.
Funny thing is, people in other areas of the country take their 'protective covenants' VERY seriously. Our friends and neighbors couldn't understand our aversion to, and irritation with them, and couldn't believe that the majority of properties 'back home' managed to be nicely maintained without a committee to oversee everyone's private property.
I think it is highly dependent on where you live in NH... One place I have has virtually no rules (not as bad as the stereotypical VT, with the Volvo 240 in the front yard up on blocks with the hood up and weeds growing out of it ), but
another has 20 pages of covenants; cars not to be visible from the street, garages not visible from the street, siding must be natural materials, no yard waste visible, no farm animals, no visible boats/RV's from the street, no businesses (except perhaps minimal traffic home-based firms, such as lawyers), must maintain the property, etc, etc...
There is no 'association', just rules that the original builder put in place, where each buyer would agree to the terms of the sale, and that successive buyers would also abide by those rules as terms to the sale.
So you can have the whole range...
On the latter property, if you refused to sign the covenant agreement, it wouldn't be sold to you.
(As an aside, not sure how the neighbors felt about the pair of M1841 cannons in the front yard, or the Jolly Roger flying, but it was all within the rules of the covenants )
I think covenants are rare in NH, even more so homeowners associations. I actually have a covenant in my neighborhood which was developed in the early 80's. It is very Lax. most of the stuff is common sense/neighborly stuff. like don't put up a tent shed 5 feet from the road ( my neighbor has one set back about 70 feet. no one has a problem with it, others are things like don't use school buses for storage sheds etc etc. With that said the covenant could come in handy some day if my neighbor decides to line up 5 school buses on his front yard for an outbuilding, but I don't think that will ever happen and most of my neighbors if not all of them are pretty good about up keeping their house and not doing anything stupid. it helps when the lot sizes range from 2.5 acres- 50 acres of wood lots as well.
Don't purchase in any housing development that has an HOA. NH does not have a history of HOA's. That is something newer in NH. Only mobile home parks had rules years ago.
If rules bother you then don't even look at homes in any HOA. There are way too many homes in NH that have no covenants.
I think covenants are rare in NH, even more so homeowners associations. I actually have a covenant in my neighborhood which was developed in the early 80's. It is very Lax. most of the stuff is common sense/neighborly stuff. like don't put up a tent shed 5 feet from the road ( my neighbor has one set back about 70 feet. no one has a problem with it, others are things like don't use school buses for storage sheds etc etc. With that said the covenant could come in handy some day if my neighbor decides to line up 5 school buses on his front yard for an outbuilding, but I don't think that will ever happen and most of my neighbors if not all of them are pretty good about up keeping their house and not doing anything stupid. it helps when the lot sizes range from 2.5 acres- 50 acres of wood lots as well.
That is the best! I never would have even thought of that! The only time I saw people (actually even living) in a schoolbus was in North Billerica, MA, in a junkyard. They put a woodstove in the back. Great views with all the windows. Just found a full-size 72-passenger bright yellow school bus for less than $9K (fully functional). Me thinks the neighbors would get really annoyed. (Don't I need a higher class driver's license to drive one?).
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just to irritate the nosy Association President who lived within sight. 
), but
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