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I Want a Home With No HOA. Don't Overlook Covenants.

By Jeff Pearl

Real Estate Agent with RE/MAX Distinctive / LIC in VA

September 13, 2013 10:57 PM

Well, I hear this more and more these days. "I don't want to live in any neighborhoods that have an HOA". ( Homes Owners Association).

Ok, so you pull up listings in price range of buyer, then scan for HOA Fees that might ot might not be there, and might or might not be accurate. You print out potential listings to review and schedule showings.

Buyer has dogs and wants to build fence and also a detached 3 car garage, and wants a lot in the 1/3 to 3/4 acre range. Ok, you show 3-5 houses that meet buyers criteria, buyer chooses one with large front yard that would be perfect to fence in for their dogs, and rear corner would be great place for gagage. They make offer. Agent even checked with a couple neighbors to verify that there is no HOA, and scanned old listings in the MLS. No HOA mentioned anywhere. Time to proceed with contract. Buyer starts getting estimates on fencing and building garage, and is looking forward to settlement. Everything looks to be on track!

But wait, what about Covenants? Did you check those? Did your agent check those? How do you find out if there are covenants?

Example: Here is a partial list of covenants for Dunn Loring Woods in Vienna VA. As you'll see, this buyer is not going to be happy when he finds out about them, which might be after closing and after they've moved in.

Restrictive Covenants - Dunn Loring Woods - Deed Book 2013 Page 167 - Fairfax County VA

#1- .... homes not to exceed 2.5 stories and private garage for not more than 2 cars.

#3-.... No building shall be located on any lot nearer than 25' to front line or nearer than 25' to any side street line.

#4- ... No building nearer than 10' to interior lot line.

#6- ... No fence shall be erected in the front yard of any lot in this subdivision.

#9- ... These covenants are to run with land and shall be binding on all parties and all persons claiming under them...

#10-.. Enforcement shall be by proceeding at law or in equity against any person violating or attemting to violate.....

house burn

Don't Watch Your Home Buying Plans go up in Smoke!

Be Aware of HOA, Covenants, and Zoning.

Jeff Pearl / Lic in VA

Remax Distinctive - Reston VA

703-727-4876

Homes / Land / Farms / Historic

www.jeffpearlhomes.com

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Andrew Payne Realtor® Richmond VA Homes For Sale~804-938-5257~

Piedmont Real Estate - Richmond, VA

Richmond, VA, Real Estate, SRES®, NAR Green

Covenants can be easily missed. It's important to get the HOA packet out in time to the buyer. Thanks for sharing!

Sep 13, 2013 10:59 PM

Kathy Stoltman

Ventura, CA

RETIRED

Buyers need to read the HOA docs which in our area get to them before they remove their contingencies. If they do not like what they read or find out, they can back out of the deal. Buyers must do their due diligence research.

Sep 14, 2013 01:33 AM

Jeff Pearl

RE/MAX Distinctive / LIC in VA - Lovettsville, VA

Full Service Full Time Realtor

#1- Hi Andrew, Yes they can. Many places don't have a HOA packet to send out, and many people think if there is no HOA, then there are no covenants.

#2- Hi Kathy, true, but some people have the idea that if there is no HOA, then there are no restrictions or covenants.

Sep 14, 2013 02:05 AM

Lenn Harley

Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA

Real Estate Broker - Virginia & Maryland

You gotta love buyers.

I love when they say they want at least 3 acres AND public water and sewer. That's not going to be easy.

I'm going to blog about a most interesting one.

Sep 14, 2013 04:12 AM

#4- Hi Lenn, Yes, some buyers obviously need an agent. I've run into some of buyers as well that we're afraid of buying a house with well and septic, but wanted a 3+ acre lot in the country!

#5- SPAM

Sep 14, 2013 04:39 AM

Carla Muss-Jacobs, RETIRED

RETIRED / State License is Inactive - Portland, OR

HOA and zoning . . . yup two concepts that are NOT for buyers who don't want to be told what they can do with their property.

Sep 14, 2013 06:11 AM

Cindy Jones

Integrity Real Estate Group - Woodbridge, VA

Pentagon, Fort Belvoir & Quantico Real Estate News

One thing to check is to make sure the covenants are still valid and enforceable. Many neighborhoods start out with them and then don't take the necessary action to keep them enforceable.

Sep 14, 2013 08:55 AM

#6- Hi Carla, so true. Some people are just like that. Sometimes it's the ones who want to paint their front door lime green!

#7 Hi Cindy, That's true. These automatically renew for 10 year periods. A certain % of homeowners have to approve any changes.

Sep 14, 2013 09:03 AM

Bryan Robertson

Los Altos, CA

In California these are all part of the title report so we'll fnd out then what applies to a specific house. I frequently get people who want homes with minimal limitations.

Sep 14, 2013 10:07 AM

Joan Whitebook

BHG The Masiello Group - Nashua, NH

Consumer Focused Real Estate Services

It is important for buyers to take a look at the deed and if necessary, hire an attorney to explain the deed and any restrictions that may apply.

Sep 14, 2013 12:03 PM

Christine Donovan

Donovan Blatt Realty - Costa Mesa, CA

Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Jeff - it sounds like this buyer would be quite disappointed with the way things are headed.

Sep 14, 2013 03:22 PM

#9- Hi Bryan, I think most buyers here find out eventually, but sometimes it's after they have already signed a contract.

#10- Hi Joan, I agree, but many just start looking without doing enough research first.

#11- Hi Christine, I agree. I have had more than one listing agent tell me that they didn't know if there was an HOA or covenants on a house they had listed.

Sep 14, 2013 08:59 PM

I Want a Home With No HOA. Don't Overlook Covenants.

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