Debbie Laity Good information and the most important thing is that everyone be informed before they purchase. A good Realtor® like you makes all the difference. You clients are in good hands.

Thanks for sharing!

I'm a wishy washy kind of girl on the topic.  I am a girl who was raised with the "this my land" attitude who really dislikes her neighbor's junk.  Sigh.  I think there will be an HOA on my next land purchase.

I am a big believer that it is better to have them. I have seen the result of no covenants or HOA and everyone does as they please and it isn't pretty.

I find it that communities that have the covenants bring more money back when it comes to re-sale...and to boot the community looks much better all year around, Endre

Morning Debbie.

My dad would disagree with you as he said, "it's my land I'll do what the hell I please on it."  Now he is gone and I can see the value in them. We currently live in a neighborhood that doesn't have any, our next move will be in one that does

This is very good information to share with prospective home buyers.

One of our large local communities prohibits the parking of trucks. This is a problem for many that have to find a public street out of the community for parking their vehicle.

This is great information, Debbie.  And, all to often very misunderstood and not appreciated.

I have never felt restricted by HOA rules, but I know that often in HOA's people get on the board with an agenda and it really ruins a good thing.

I love the post. I hope home buyers will read it and learn from it.

Great post, Debbie. So many opinions about HOA's out there and they are not all grounded in reality or experience. Personally, I would never live in a community with CCR's and an HOA, as I firmly believe these keep my property values up. But I know there will be those who would disagree.

Carol Williams my first suggestion this week for your Second Chance Saturday post. Now that sounds like I'll have more, but not promising anything just yet! 

Great blog Debbie Laity , i have many buyers looking for the lifestyle an HOA gives, but they are unaware what restrictions there is. I love to have this talk before we go see them. 

Hi Debbie Laity - Many folks think that they are all the same or don't realize there are deed restrictions and/or CCRs. I always make sure we check all three areas.

Debbie, excellent post and you provide information that is understandable to buyers. I live in an HOA and so glad I do. I've seen areas that do not have HOA or CCRs and can be sad situation for home owners, as some people leave everything in their front yard :)

Debbie really good information on coventants and HOA's in your area! It's a confusing subject for many but laying it all for them as you did will certainly help them understand how they work.

Hello Debbie and I am so glad to see you back in the rain.  Great information on this blog.  

Over the years I have read a number of Covenants and Condtions, as well as other HOA documents.  They can be all over the map as to restrictions, and liberties.  One thing that is very important for homebuyers to check, is for any litigation or lawsuits against the HOA.

Debbie, C&R can be a good thing as long as they're not abused. 

The answer is a BIG maybe....sometimes they make great sense....and others...well...

Hi Debbie

You have done a really good job of informing buyers about convenants and HOAs in your area, and the pros and cons. It really does depend on what they are.

Jeff

There have been so many discussions about this lately - must be that time of year that our clients are curious about HOAs! Wonderful post and explanation of covenants and HOAs, Debbie! 

HOA's can get carried away, with neighborhood trash can or 'parking nazis' roaming around. But if you don't any stripped cars up on blocks in the yard, or a fence built out of old pallets, you would benefit from an HOA!

Debbie,

This is a very informative article, explaining the difference's between deed restrictions and HOA Covenants. A fine point, but nevertheless, important.

Here are a couple of points I'd like to interject on the subject of restrictions/CCR's. The first point being, because a development has HOA Covenants or CCR's......doesn't mean they are/will be enforced. Typically, if one or more convenants are not uniformly enforced, it's doubtful from a legal standpoint, the balance of the convenants can be made to be enforced. Those who have lived in a restricted subdivision, know from experience, that HOA Covenants/CCR's are often times ignored simply because of a lack of enforcement. Enforcement can be the "Achilles heal" for many HOA communities. A vast majority of today's restricted subdivision community members, preceive that an "honor system" is in place, whereby "everybody else", is legally bound to abide by a complex number of rules and regulations.

As with everything else which is regulated, there is no hard and fast rule regarding the level of enforcement with regard to HOA Covenants or CCR's. Anyone who is contemplating the purhase of property in an HOA or restrictive subdivsion controlled development, needs to do diligence as it relates to what's "on the books" with regard to convenants/restrictions. What is critical here, assessing the level of enforcement/compliance within the community. If obvious examples of non-compliance exist (examples: vehicles parked in the street, motorhomes parked in the driveway or sideyard) you can assume there is little to no enforcement regarding restrictive covenants. This should inititate a concern on the part of any potential buyer.....what will the resale potential be if I purchase in this subdivision/community.

Here is a case in point......a home, costing in excess of half a million dollars, was build in a lakeside community by a doctor who ignored the subdivision's Architechural Control Committee setback restrictions and Federal flood elevation designation. The structure was partially situated inside a federally mandated flood plain, while at the same time, the home's placement on the lot, violated the front and side yard setbacks. Once the home was completed, the doctor, who planned to secure a mortgage to purchase his home, was denied financing because he couldn't produce a documented setback variance issued by the Architectural Control Committee or a LOMA (Letter of Map Amendment) from FEMA. Because he couldn't procure Title Insurance due to the above issues, his lender denied him financing. The house sat vacant for almost two years after completion and was finally put up for sale by those holding the construction loan debt. 

This is an extreme example whereby someone chose to ignore the restrictions, covenants, as well as those entities having juristiction over what can and cannot be allowed. 

The lesson we all should learn from Debbie's post......don't accept anything at "face value" without investigating the situation first!

Debbie, this is a great post. In Maryland, many homes have covenants, even with no HOA. Some really need to be updated, too...some weird things can be found in some very old covenants around here!