no HOA, but "strong covenants" (Leesburg, Winchester: real estate, condos)

[clothgiraffe]

I realize there are benefits to an HOA. We have one now and it provides many services we find useful and we're fine paying the fees. But we want to move out to the country and have animals. So we found a house we like, 10 acres, built in 1983, no HOA, but just got some info from our realtor. It included house info and boasted "strong covenants." We looked at the deed/covenant (there's surely a difference but I don't understand) info from our realtor and read something to the effect of "no animals except dogs, cats, horses, ponies, cattle, and household pets." really?! it also states no poultry; we want laying hens and perhaps meat birds, as well as dairy goats. so I'd love to hear more about covenants. How common are they? Are they sort of just in lieu of an HOA? Should I be on the lookout as we continue searching? I'm sorry - also just surprised that a 10 acres property in Loudoun, w/ no HOA, wouldn't be allowed to have chickens sad, no? I'm guess chickens could been seen as bothersome/loud, so maybe that's why. so sad for me, happy for other owners of the subdivision?

who's the authority when there are covenants?

thanks!

[North Beach Person]

Making a leap here since I'm not that familiar with VA but those sound like Zoning ordinances. In MD they would be enforced by the local governmental jurisdiction such as the County.

[Caladium]

I'm not sure if it's the same issue in Loudoun, but in PW County they prohibit raising poultry in several sections of the county due to public health concerns. Apparently there have been incidences of local pets and horses getting histoplasmosis from chickens on nearby farms. Not sure if this applies to your situation, since you were looking at a 10-acre property. Why not call Loudoun County and ask them?

[Carlingtonian]

It's only a covenant if a man with a robe and a beard is involved.

Sorry--no idea. That is weird indeed. I'd definitely consult a real-estate lawyer. On 10 acres, you should be able to raise wolverines if you want. What is sounds like is that the developer put some kind of restriction on all the properties when they were built. I believe that HOAs themselves are created this way by the developers (usually with the blessing of the local government), so it seems plausible that they could also impose permanent obligations on a more micro level.

If you end up raising geese, let me know. I'm in the market.

[South Jersey Styx]

Not sure about covenants where you're thinking and chickens (gosh, seems like everyone had chickens and ducks where I grew up and it was in a residential area!) but can share info about covenants on historic homes out here in Winchester.

One organization, Historic Preservation Society of Winchester, buys historic properties and will "add"/include a covenant on that property. This means that the property cannot be altered from its existing state. IOW, when the property is sold, the new owner cannot alter the architectural features--remove columns, millwork, or korbels, build additions, change the color, etc. without permission from the group. This basically ensures that house maintains its historic integrity. I believe it also stops a new owner from tearing down property and building, for example, new condos (yuk ).

This historic society has achieved this for over 80 properties (bought, sold, or currently owned), and by % (of total houses in Winchester)is one of the leading groups in the State of Virginia in this type of historic preservation program.

There are, of course, drawbacks as an owner of such properties too. But this information is provided up front (as you, the potential Buyer) so they can make a decision on the pros and cons of such property.

BTW, not sure about how many chickens you are thinking about. But chicken farms smell worst that pig farms and cow farms. It is a truly unique, disgusting stink.
Also, don't know why the new property would ban goats. Goats keep the lawns in check. Not sure where its located but I saw goats on Rte 15 between Leesburg and Lucketts. I would love to own a mini-goat (just one).

[car54]

Some covenants are not enforceable.

I owned an old house....among the covenants was one that prohibited me from housing my negroes in the main structure.

Another house had a covenant that prohibited me from ever selling it to a Jewish person.

Talk to a real estate attorney.

[South Jersey Styx]

Originally Posted by car54

Some covenants are not enforceable.

I owned an old house....among the covenants was one that prohibited me from housing my negroes in the main structure.

Another house had a covenant that prohibited me from ever selling it to a Jewish person.

Talk to a real estate attorney.

This information is helpful.

Regarding the covenant on historic architecture in Winchester: it does not apply to the interior of the house. So while the exterior might be under the covenant, owners could change the interiors.

[TN Lily]

Covenants against selling to certain racial groups or religious groups have been struck down on constitutional and public policy grounds.

But the type of covenant the OP is asking about likely would be upheld.
You need to read the deed and any referenced documents to know whether the property you are considering is subject to covenants.

If you don't like the covenants, don't buy the property. If you buy the property and flaunt the covenants, you may wind up being sued by a fellow landowner subject to the same covenants who thinks the covenants are a good idea. You can find court cases in all the states enforcing valid covenants.

Why buy trouble? Find a place without covenants and the zoning that will allow you to do what you want to do.