 | Jeff Otto is Branch Manager of Lawyers Title Insurance Corporation which is a member of LandAmerica Financial Group, Inc., a premier national provider of title insurance and settlement services. Lawyers Title has been in the local marketplace since 1955. Jeff has been with Lawyers Title for 34 years, the last 24 right here in Wichita. You may contact Jeff at (316) 682-9600 x 201 or by e-mail at jotto@landam.com |
Real Estate
2006-02-01 15:22:00
About restrictive covenants
Must I notify my home owners association of everything I do?
ANSWER: John Smith (not his real name) purchased a home in a large Midwestern city. He bought the home because it was in a neighborhood he really liked, and was in close proximity to his work. Several months after moving in, he decided he wanted to build a workshop out back where he could pursue his first real love, the hobby of building furniture. John ordered a truck load of building supplies, designed and ordered roof trusses, and started building a 22 by 36 foot workshop. He had it completed within about 90 days. He moved all of his expensive power tools into their proper places inside the new shop, and was really looking forward to designing and building some very nice, well constructed furniture for his new home. Shortly afterward, John received a letter stating that he had built his shop without getting a review and approval of the plans and specifications by the neighborhood homeowners association. The letter further informed him that his new building was not suitable, and would have to be torn down. John was upset with this news, but he just ignored the letter, thinking it was the work of a few disgruntled, unhappy neighbors. Thinking this problem had gone away, John then received a legal summons and complaint served by the warrants office of the local sheriff's department. John would now be required to go to court to explain and argue his case. He showed up in court and pleaded his case to the presiding judge. The judge was polite but read John the specific language in the restriction covenants that prohibited John from building a workshop without getting prior written consent and approval of the association for the building project. John's workshop also did not blend in with the exteriors of the homes in the neighborhood. The judge ordered John to tear down his workshop. This was a very costly lesson for John. The workshop had cost him several thousands of dollars and he would now need to store his expensive power tools and go back to the committee for approval for another, more neighborhood pleasing workshop. His entire family now harbors terribly bad feelings for the neighborhood homeowners association, and they are even considering moving somewhere else simply because of the hard feelings, and the fact that John was not aware of the neighborhood restrictions. John should have had his real estate agent or a lawyer obtain a complete set of restrictive covenants for the subdivision, and he should have read them very thoroughly prior to writing an offer to purchase a home in that location. If he had done so, he would have known that he needed to take his workshop building plans to the neighborhood association's architectural committee for review and approval. If you ever find yourself in a similar situation, get approval in writing and then follow your plans to the letter. While they may be inconvenient at times like this, neighborhood restrictions are actually a good thing, because they help preserve the value of homes in the neighborhood. Don't become another John Smith. Research and review your restrictions and make sure that you get a building permit after the board approves your plans. More next month...
