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Construction Docs: Deed Restrictions

Some properties have restrictions which are part of a deed to a particular property (also known as covenants) such as fence locations, construction and appearance requirements. It may cover the right to use the property for home businesses, the ability to park vehicles other than cars, or any other restrictions which are greater than the restrictions the city imposes on property use. It may also mandate the formation of a homeowners' association which will retain the legal right to uphold deed restrictions and/or charge annual fees and periodic assessments for maintenance of common areas, such as parks or pools, within the neighborhood.

If the neighborhood is a gated community the deed or association bylaws will detail what entity (the city or the owners of the enclosed properties) is financially responsible for the maintenance of streets, the surrounding enclosure, common areas and the gate. In some communities the city does not maintain or accept financial responsibility for these items and the homeowners association accepts these responsibilities. Some cities do not offer routine police patrols within gated communities, they enter the gated area only to respond to emergency calls.

Deed restrictions and/or bylaws can usually be obtained through the neighborhood association, your real estate agent, the title company, developer or the builder. They should detail each restriction and how restrictions are enforced. They will also detail annual dues or periodic assessment rights, how they are collected and how the association is organized.


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