On Wed, Jan 20, 2010 at 2:36 PM, John Sessoms <jsessoms...@nc.rr.com> wrote:
> They are semi-enforceable. If you signed the covenant when you bought the > house and agreed to abide by homeowner's association rules, they can enforce > it as a contract. Break the rules = breach of contract. > > They can get a court order forcing you to conform to the rules. > > In some places, the homeowner's association rules gain force of law by being > enacted as zoning ordinances. That's what they're trying to do around here > because my neighborhood doesn't have a homeowner's association. > > They tried to form one, but I told them I wasn't interested; that if they > did form one around me, I refused to be bound by their rules; and suggested > that if they continued to bother me with that crap I would ... Uh, > demonstrate the depth of my objection in a tangible manner. They're called restrictive covenants and they're registered on title by the developer at the time the lots are subdivided. They run with the land, so by purchasing the land and registering the deed you are agreeing to be bound by it. You do not have to sign a contract with anyone, it's just "there" with the land. The homeowners association enforces them, but really, they have nothing to do with instituting them. They can only be enforced by suing for breach of contract in court. I recall hearing that the restrictive covenants against clothes lines came about because they were seen as an eyesore in a "modern suburb", the thought being that clothes lines were seen as a lower class thing, in inner city slums and such. A court will strike down a restrictive covenant in some cases. I seem to recall one that restricted homeowners from putting a flagpoles on their property. A homeowner's association took a family to court for flying a Canadian flag and the court struck down the covenant and allowed him to be patriotic. cheers, frank -- "Sharpness is a bourgeois concept." -Henri Cartier-Bresson -- PDML Pentax-Discuss Mail List PDML@pdml.net http://pdml.net/mailman/listinfo/pdml_pdml.net to UNSUBSCRIBE from the PDML, please visit the link directly above and follow the directions.
