Declaration of Restrictions§
Description§
A Declaration of Restrictions is a legally binding document filed by a subdivision or condominium developer that establishes rules and regulations that must be followed by all property owners. These restrictions are designed to maintain a certain standard within the community, enhance property values, and promote uniform aesthetics and functionality. The rules specified in the declaration are enforceable by the homeowner’s association (HOA) or similar governing body.
Examples§
Here are a few examples of what may be covered by a Declaration of Restrictions:
- Minimum House Size: Specifies the minimum square footage a residential home must have to ensure uniformity and a standard of living within the community.
- Exterior Materials: Mandates that a minimum percentage of the exterior of buildings must be constructed with a specified material, such as brick, to maintain aesthetic consistency.
- Prohibited Structures: Examples include prohibiting metal storage sheds or other unsightly additions that might detract from a community’s visual appeal.
Frequently Asked Questions (FAQs)§
Q: Can a Declaration of Restrictions be changed?
A: Yes, but it usually requires a vote by the property owners within the community and approval must adhere to the guidelines laid out in the governing documents of the homeowner’s association (HOA).
Q: Who enforces the Declaration of Restrictions?
A: Typically, these rules are enforced by the homeowners association (HOA) or a similar governing body that oversees community standards.
Q: What happens if I violate the rules in the Declaration of Restrictions?
A: Violations can result in fines, mandatory corrective measures, or legal action, depending on the severity and the rules set forth within the document.
Q: Are there legal grounds to object to a Declaration of Restrictions?
A: Any disputes over these restrictions are usually addressed within the framework provided by the declaration or through local legal avenues. It is advisable to consult with a real estate lawyer if you have a specific concern.
Related Terms§
- Restrictive Covenant: A clause in a property deed or lease that limits what the owner can do with the property. Similar in intent to the Declaration of Restrictions, but often pertains to individual properties rather than entire communities.
- Homeowners Association (HOA): An organization in a well-defined community, such as a subdivision or condominium complex, that enforces rules and regulations in the Declaration of Restrictions and other governing documents.
- CC&Rs: Covenants, Conditions, and Restrictions; similar to a Declaration of Restrictions, these are the rules setting forth the rights and responsibilities of homeowners within a community.
Online Resources§
- HOA-USA: Provides general information, resources, and tools to homeowners associations for better community management. Visit: hoa-usa.com
- Nolo: Offers comprehensive legal information on HOAs and declarations of restrictions. Visit: nolo.com
- Community Associations Institute (CAI): A source of services, education, and resources for community associations. Visit: caionline.org
References§
- “The Complete Guide to Creating, Publishing, and Enforcing Declarations of Restrictions.” by Real Estate Law Institute.
- “Homeowner Associations and You: The Ultimate Guide” by Marlene Coleman and William H. Baker.
- “Property Law: Rules, Policies, and Practices” by Joseph William Singer.
Suggested Books for Further Study§
Books:
- “A Practical Guide to Residential Real Estate Transactions and Declarations of Restrictions” by James L. Weems.
- “The Homeowner’s Guide to Managing a Successful HOA Community” by John Paul Hanna and Dave Hanna.
