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Have you actually read all of the covenants? Do you understand them fully? Usually there is a provision in there for amending the covenants that requires a certain percentage of the current homeowners to agree to. I've read them and it has no text about variances after the developer exits.
Also, there is typically an expiration date on the covenants. Have you checked on this? 25 years with ten year auto renewals
And one other point is the effective nullification of one or more of the covenants due to lack of enforcement of said covenants against other violators. Selective enforcement is not likely to be effective if it is fought. This is the area I need to pursue. There are several folks who have made improvements and additions on their properties since the developer has left. I can only assume they figured that with nobody to approve or deny their projects, they can do what they want. Thankfully the projects I've seen are all tasteful and professional.
If it's anything the neighbors will be able to see (or hear, in the case of animals, etc.), I would go around and ask all the neighbors who would actually be able to see it--the ones who would be affected, if you want to put it that way. This is probably considerably fewer than the entire neighborhood. If they were all OK with it, 'd go for it. Hopefully anyone who's not affected won't complain.
I live in a HOA neighborhood which technically has rules about what is allowed, but most additions and improvements are permitted as long as the neighbors on either side and across the street sign an agreement stating they approve.
For example, if you drive around your subdivision and find that a significant number of homes have sheds larger than 8 x 8 then the restriction may no longer be enforceable. What is a significant number? I don't know. It would be up to a court to decide. And even if it turned out not to be enforceable that might not prevent a nasty neighbor from suing you if you erected a 10 x 12. You could win the lawsuit but spend many thousands defending that you wouldn't get back.
For a neighborhood that has Restrictive Covenants in place (they're registered at closing), but no active HOA or any kind of neighborhood leadership after the developer closed on the last lots, how would a homeowner go about requesting a variance to the Covenants?
As an example, the covenants might stipulate that a utility shed can be built in the backyard, but it cannot be larger than 8 x 8 feet. How would a homeowner seek approval to erect a 10 x 12 shed?
In a lot of neighborhoods, you'd submit a request like this to the HOA's Architectural Review Board or the Developer. We have neither. All we have now are the covenants in place saying 8 x 8 feet and submit to the developer for a variance, but he's no longer here and we have no HOA.
In my research, I've read that our covenants are still enforceable by the other homeowners via the legal system now that the developer is gone.
I just can't find any mention of how the variance approval process would work after the developer has left.
It is very common to have no HOA but restrictive covenants potentially enforced by proceedings in equity, neighbor against neighbor, as it were.
I live in a neighborhood with covenants. No HOA. No dues. If someone violates, or proposes to violate, the covenants, and the Town doesn't have an issue with it, the covenants empower neighbors to sue them for correction.
This is easy!
Getting the signatures is the hard part.
No lawyer is needed.
Briefly, write on a large piece of paper what the restrictions state and what you want to change.
Make a YOUTUBE Video all about what you want to do
Go around and knock on doors and get signatures. If people want to investigate more, direct them to the Youtube video. Make the video part of the record. The go back and get their signature.
After you get better than 50% of all homeowners signatures, go and record the document to your deed.
This is easy!
Getting the signatures is the hard part.
No lawyer is needed.
Briefly, write on a large piece of paper what the restrictions state and what you want to change.
Make a YOUTUBE Video all about what you want to do
Go around and knock on doors and get signatures. If people want to investigate more, direct them to the Youtube video. Make the video part of the record. The go back and get their signature.
After you get better than 50% of all homeowners signatures, go and record the document to your deed.
For what it's worth, in most states it takes a 2/3 majority to approve changes/modifications of CC&Rs.
For a neighborhood that has Restrictive Covenants in place (they're registered at closing), but no active HOA or any kind of neighborhood leadership after the developer closed on the last lots, how would a homeowner go about requesting a variance to the Covenants?
Variance for what?
You use a shed as an example. If that's what you want to build, just go ahead and build it and keep your mouth shut.
If you want to do something else that's in violation of the restrictions, say what it is so we can strategize.
You use a shed as an example. If that's what you want to build, just go ahead and build it and keep your mouth shut.
If you want to do something else that's in violation of the restrictions, say what it is so we can strategize.
Ignoring or flouting the restrictions may work well in some situations, but certainly not all situations. Besides, what's the point of buying/building in a deed restricted development if you plan to ignore the restrictions? If you can ignore the restrictions with impunity, then others can do likewise. That defeats the purpose of having restrictions in the first place.
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