A first time buyer was referred to us who had relocated from another state. He had heard what he called “Sub division horror stories” and no one was going to tell him…what color he could paint/stain his house, if or where he could put a fence, if he could put up a shed, park Grandma’s RV in the driveway or his boat in the backyard…where and how many trees he could or could not plant…..he just was not going to be told what to do…he paid for the house and by golly…it’s his to decide what he does and does not do, who visits and where they park what….and the rant continued…
He heard in one community…no matter what…the homeowner could never put up a fence…which of course was not quite true.
There are reasons that Home Owner’s Associations and Cities , have rules. The rules will vary with location and the style/price of the homes in the area. Different parts of the country and the areas within them have different rules that apply more specifically to them.
We are frequently asked when a buyer has expressed interest in a home, what “rules” come with it. Many agents in our MLS, thoughtfully include the homeowners’ documents as an attachment to the listing. Wisconsin requires that home owners complete a RECR or Real Estate Condition Report as a part of the listing procedure. On this form, if there is an association, it must be disclosed as well as the amount of the dues owed by the homeowner annually.
There are two primary answers to the question: Why Does the House Come with “Rules” ?
The first reason is centered around health and safety. Examples of rules that may have this foundation are things like:
-Street lamp/Yard Light posted in a specific place to light the area at night
- Highly visible address for identification of the property – not only for deliveries and guests but the possibility of emergency vehicles needing to locate the property
- Fences of specific height, construction and gate around in ground pools
The second reason can be more subjective and that is that that initially a developer and eventually a Home owners association or a committee within it sometimes called the Architechtural Control Committee, decides what size home can be built, kinds of materials can be used in construction and sometimes features within the home or the kind of landscaping that can be done. Examples of these kind of rules, or what are sometimes not so lovingly referred to as “restrictions” are:
- Size of home for the style of home built – ie, ranches, 2 stories and cape cods come with minimum square feet required
- Requirement for the kind of exterior materials – “all natural” which can mean brick and cedar – no aluminum or vinyl siding. Cement siding in this area is also becoming more popular which can be permitted as a natural material.
- At least one fireplace in the home
- The kind of roofing materials – some subdivisions still require cedar shake shingles
- Minimal landscaping – i.e. at least 2 trees of a minimal dimension must be in the fron yard of the property
- Driveways must be concrete as opposed to asphalt or gravel
This second set of more subjective rules is meant to maintain and preserve what the association and preceding developer for the subdivision has set as minimal guidelines to preserve and protect the value of the property and the neighborhood. You may disagree with the requirements…feel that there are too many rules…want to deviate in some way from what has been established. The option for doing that might be to discuss the deviation with the board of the association. It may be that the rule you object to is a city ordinance. It may be that all the homeowners in the association have to vote to allow any changes OR it could be that the board or committee chair has the authority to allow a variance in the rules.
Know the rules before you buy….you may not agree with them or the reasons that they were established but they are part of owning a home in a specific area.
If you or someone you know, wants Realtors who play by the rules…and will find out all the ones that apply to an area of southeastern Wisconsin that you may wish to call home…call US…Sally and David Hanson will show you the prompt professional service and proven results you deserve for all things real estate.
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