building a second house on property-Orange County (2014, HOA)

[ncgirl84]

Hi there. Is it permitted to build a second house on a property which is 3.65 acres but isn't sub-dividable?


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[North Beach Person]

You really should contact the County (or town) Planning and Zoning Department, or what ever it's called down there.

If the property is not sub-dividable my wild guess would be no. There may be an allowance for an in-law unit but it will likely have to be much smaller than the main house and could not be sold separately since the land is already not allowed to be subdivided.

[MOD]

curious - why is the 3.65 acres not sub-dividable?

[ncgirl84]

Originally Posted by MOD

curious - why is the 3.65 acres not sub-dividable?

I think it was part of the HOA's rules/restrictions when we bought the house. I don't think that can be challenged/amended. Who knows.

[CHTransplant]

Well then you're going to need to check with your HOA as well - read up on your declarations/restrictive covenants.

[danielbmartin]

Originally Posted by ncgirl84

I think it was part of the HOA's rules/restrictions when we bought the house. I don't think that can be challenged/amended. Who knows.

Who knows? You know, or at least you can know. Read the Protective and Restrictive Covenants document. You may have received a copy when you bought the house. The document should be on file with your county Register Of Deeds.

The Covenants document which governs use of properties in my subdivision contains a provision for change. In 2014, 2024, 2034 (and every ten years) the Covenants may be changed or renounced by a majority vote of owners.

If your covenants were renounced, that wouldn't guarantee the right to build a second residence. County and/or Town regulations will still apply. For example, if your soil doesn't "perc" well you may be forbidden from installing a second septic system.

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