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.
Real Estate Basics: Declaration of Restrictions Fundamentals Quiz
### Who typically enforces the rules and regulations outlined in a Declaration of Restrictions?
- [ ] The local government
- [ ] Individual homeowners
- [x] Homeowners Association (HOA)
- [ ] Real estate agents
> **Explanation:** The Homeowners Association (HOA) or similar governing body usually enforces rules and regulations set forth in a Declaration of Restrictions to ensure community standards are maintained.
### Can the rules in a Declaration of Restrictions be amended after being set?
- [x] Yes, with a vote and approval
- [ ] No, they are permanent
- [ ] Only under judicial order
- [ ] Yes, but only by the developer
> **Explanation:** Changes to the Declaration of Restrictions generally require a vote by the property owners in the community and must adhere to the outlined guidelines within the HOA's governing documents.
### What might be included in a Declaration of Restrictions to maintain aesthetic consistency in a community?
- [ ] Maximum water usage limits
- [x] Minimum percentage of exterior that must be brick
- [ ] Types of pets allowed
- [ ] Police patrolling hours
> **Explanation:** Declarations of Restrictions often include requirements for exterior appearance, such as mandating that a certain percentage of the building's exterior be made of brick to keep the community's aesthetic consistent.
### What kind of bodies typically govern and enforce the Declaration of Restrictions?
- [x] Homeowners Associations (HOAs)
- [ ] City Planning Commissions
- [ ] State Governments
- [ ] Neighbors informal agreements
> **Explanation:** Homeowners Associations (HOAs) or similarly structured governing organizations typically manage and enforce the Declaration of Restrictions within a community.
### What potential consequence might a homeowner face for violating the Declaration of Restrictions?
- [ ] Eviction from the property
- [ ] Forfeiture of property ownership
- [x] Fines and legal action
- [ ] Denial of municipal services
> **Explanation:** Violations can lead to fines, mandatory corrective measures, or other legal actions as dictated by the Declaration of Restrictions and enforced by the HOA.
### Can the minimum house size be stipulated in the Declaration of Restrictions?
- [x] Yes, to ensure community standards
- [ ] No, as it violates personal freedom
- [ ] Only under specific state laws
- [ ] It depends on zoning laws
> **Explanation:** Declarations of Restrictions can set minimum house sizes to ensure a uniform standard of living and aesthetic within the community.
### What term describes restrictions in property deeds that limit what owners can do with their property?
- [ ] Trespassing guidelines
- [ ] Housing ordinances
- [x] Restrictive Covenant
- [ ] Property fouls
> **Explanation:** Restrictive covenants are clauses in a property deed or lease that limit the usage of property to maintain order and standards within a community or development.
### What legislative or authoritative body oversees general information and resources for homeowners associations in the USA?
- [x] HOA-USA
- [ ] Environmental Protection Agency (EPA)
- [ ] Internal Revenue Service (IRS)
- [ ] Federal Housing Administration (FHA)
> **Explanation:** HOA-USA provides general information and resources tailored for homeowners associations to help them better manage community and Declaration of Restrictions.
### Which of the following is NOT typically found in a Declaration of Restrictions?
- [ ] Minimum house size
- [ ] Exterior material requirements
- [ ] Prohibited structures
- [x] Local school hours
> **Explanation:** Local school hours are outside the jurisdiction and typical concerns of Declarations of Restrictions, which usually focus on property and community appearance and maintenance.
### If I have a dispute regarding the Declaration of Restrictions, whom should I consult?
- [ ] The state government
- [ ] The original developer
- [x] A real estate lawyer
- [ ] The local police department
> **Explanation:** For disputes related to the Declaration of Restrictions, it is advisable to consult a real estate lawyer to understand your legal standing and potential remedies.
