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Unexpected Covenants

2.6K views 39 replies 26 participants last post by  starjj  
#1 ·
Just got off the phone with a guy about a really promising 12 acre parcel in a wonderful location for me. Everything was sounding so good (willing to owner finance, close proximity to utilities, plenty of cleared land nearly 2 acre spring-fed pond, et cetera,) and then under his breath near the end of the conversation he mentions that this is technically two lots in a "Neighborhood" and the neighborhood has covenants.

Well, the covenant about having only one house per 5 acres sounds ok to me. However, he kept going. Minimum 1800 sq foot house!!! For little ole' me! My out buildings have to match my house! I can have no more than 2 large animals per acre (which is ok, I guess...I don't want a feed bill that big!) and "all animals have to have appropriate buildings". To illustrate the point he said you would have to build a barn or shed (that matched the house) before turning goats out in the woods, or something...

Now, the thing is that with the exception of the 1800 sf house (I didn't even bother to ask about the possibility of just parking my Airstream out there and hanging tight for a few years,) nothing sounds like a total deal breaker, and if I didn't know they existed, I probably wouldn't break them anyway.....but what a let down!

Keep in mind this is in the middle of NOWHERE in central Mississippi. Probably the LAST place on earth I would expect to have to worry about whether or not my house matched my goat barn!

When are developers going to realize that they aren't actually making their lots more appealing by putting all these restrictions on them?

Just venting....
 
#2 ·
But they are making them more appealling. Just to a different set of folks.
These folks want perfect cookie cutter houses, in a nice neighborhood that will allow their investment to grow in value. That's about all they're interested in.
Also I have heard of more than 1 farmer who decided to sell off land that decided to use covenants after neighbors sold land only to have it overrun with trashy homes, trailers, and basically junk and being resold into the smallest lots allowed by the township.
 
#3 ·
:D Here's my crazy i'dear. :D

Build a 25x25 building ... wooden frame, pier and beam, earthen plaster exterior/interior, living roof ... (alternative/cheap/natural/simple) ... 625 sq feet ... this building could be your main room to house bathroom/laundry/kitchen/den.

Off of that building, have a 25x25 sheet metal covered/screened-in rock patio for an outdoor dining/kitchen/living space ... another 625 sq feet space.

Build another 25x25 building to connect to the covered screen patio ... wooden frame, pier and beam, earthen plaster exterior/interior, living roof ... (alternative/cheap/natural/simple) ... another 625 sq feet ... and this could be your building to house a couple of bedrooms and an office or extra storage or whatever else.

What you have is a standard dog-trot style home with three livable 25x25 sections ... to make one long rectangle, ranch-style home ... and it is 1875 sq feet total.

Your outbuildings can be made the same way ... or out of cob or cordwood for a unifying look from the street.

I know it sounds crazy, but I AM crazy ... for THIS is EXACTLY what we are going to do. :D
 
#4 ·
I learned to hate covenants while living in AZ and understand the need to vent. We got a letter from the stinkin' HOA once because we had weeds 3 inches high. No, not a yard full, just a few! I forgot and left the trash container out ONE night and got a letter. I hate them. They are meant to protect a neighborhood from going to pot, but it seems there's no middle ground. They're either anal or too permissive...haven't decided which is worse. If only I were rich, I'd own at least 100 acres too far out for restrictions and build my house in the middle, then it wouldn't be an issue.
 
#5 ·
If only I were rich, I'd own at least 100 acres too far out for restrictions and build my house in the middle, then it wouldn't be an issue.
This is also EXACTLY what we are going to do! 80 acres out in the literal middle of nowhere ... 26 miles from the closest, legitimate grocery store ... and build right smack dab in the middle of the property surrounded by trees and, then pastures.

But we are FAR from rich ... well, in the monetary sense. :eek:
 
#8 ·
My Aunt passed up buying a place in Scottsdale because the HOA controlled what color you could paint your house. She bought in an area with a less controlling HOA. A couple months later, the neighbor across the street painted his house some awful color. Now she wishes there was some sort of standard preventing oddball color choices.

To those in Podunk, such concerns seem unreasonable. But those with a 300,000 dollar investment in a home on a 10,000 square foot lot, see how easy a minor eyesore can chop into the value of your home.

If some knucklehead builds a fence out of slab wood and causes the value of my house to slip, I guess I'd get real serious.

In my community, the Planing Board created a Land Use Plan. The residents wanted to limit tar paper shacks and older small mobile homes. They created zoning restrictions that require 800 square feet on the first floor as a way to prohibit cabins.

To get around that, people haul in a camper trailer and use it like a cabin. Often they look worse than a tar paper cabin. Others just build the garage and never get around to building the house.

There is no sense buying property that has restrictions that don't fit your plans. No future moving to an area where it is clear the neighbors have greater aspirations.
 
#9 ·
When we were looking for land to build on, we found a great place...40 acres, rolling gentle hills. Former pasture for a farm. The farmer(yah right) was selling this section..there were 5 40ish acres pieces. Electric already there. Okay...it's in our pricerange...it's really pretty, big trees dotted around...looking good.

THEN we found out there were a series of conditions....like your covenants (don't remember if they called it that, but it was in the deed) House size requirement, dogs okay, cats okay, any other animals had to be approved by "the association". er...WHAT association? "the other home owners here". uh oh....

Barn has to match the house, but can be no bigger then the house. Nothing left outside...everything must have it's own shed/barn. Then the kicker...the lawn must be mowed to approved length. ummm....we're in the middle of a PASTURE!...."the lawn" was considered the 5 acres around the house you build. :eek:


WAY out in the middle of nowhere. Nothing but farms for miles. ah well.

I drove by the area last summer (2 years after we looked at it)...still no houses built there. Cows grazing. :shrug:
 
#10 ·
Be veryvery careful. Personally, IMHO, HOAs are evil. Just b/c it gives a few people power that they sometimes can't handle.
We have 20 ac on the edge of a very small town. Was farmland & the original owners didn't want it to become junky, I guess. The ony restrictions are NO salvage yards, no hog farms, no un-foundation mobile homes...I can't remember what that's called but you can't put up a junky mobile to live in. I think there's a minimum of 1200 sq ft for a living structure.
However, these people are all dead & gone...have no clue who would enforce allthis. However it doesn't sound too oppresive & the area is very pretty b/c of it.

Patty
 
#11 ·
But they are making them more appealling. Just to a different set of folks.
These folks want perfect cookie cutter houses, in a nice neighborhood that will allow their investment to grow in value. That's about all they're interested in.
Also I have heard of more than 1 farmer who decided to sell off land that decided to use covenants after neighbors sold land only to have it overrun with trashy homes, trailers, and basically junk and being resold into the smallest lots allowed by the township.
Exactly.

Numer 168,312 on TurnerHill's list of immutable facts of the universe: More people care about their property values than care about goat housing.
 
#13 ·
Note to self: Self, ask about deed restrictions, easements, and covenants. Self, ask for a copy of the sales agreement and deed, before putting down any earnest money. Self, arrange for a title search before signing anything. Self, get the land surveyed and staked before moving in. Self, drive for at least two miles in all directions to check for toxic waste dumps, city sewage disposal facilities, 6,000 cow milking operations, chicken factories, or possible land clearing for a new Mercedes-Benz factory. Self, check the Sex Offenders registry for the neighborhood. Self, check for previous meth operations in the vicinity--especially next door. Self, ask to fill a water bottle of the 'spring fed' pond for private testing. Self, arrange an appointment to walk the land and inspect it.

It's called 'due diligence'.
 
#18 ·
What a bummer! This is exactly why we will NEVER live in a subdivision or other neighborhood that wants to "control" what we can do on our property.

Its one thing to work within the rules of the town/city and state you live in. But to have some "fancy nancy" group of homeowners trying to push their "fancy nancy" garbage on me... NO WAY.

I'm not going to pay hundreds of thousands of dollars on property only to have someone tell me what color I can paint my house, or how many trees I need to have, what kinds of animals I can have or whether or not I can have a trailer/boat/camper parked on my property.

Don't get me wrong, I TOTALLY understand the desire to keep a tidy property, but IMO these associations go WAY overboard.
 
#20 ·
Any deed restriction is a deal-breaker for me. A big farm near us was broken up and sold at auction last year. The place is twenty miles from the nearest city, yet the land was being sold with restrictions on it, including no manufactured homes, minimum home size, setbacks, animals etc.. This was agricultural land and bought as agricultural land. All I can think is that the auction company got to the heirs and pushed their standard clauses.

What makes restrictions worse is that about the only way they can ever be lifted is by eminent domain from some governmental body. What if in a hundred years there is a total shift and homes of 1800 ft2 or more are totally impractical to build because of taxes or energy issues? Sorry, that deed restriction stands. The dead should never be allowed to restrict the living. They had their chance while they were alive.
 
#21 ·
Never, ever, would I again live with covenants & restrictions (CC&R's).

And I was president of HOA...
 
#22 ·
Covenants and Deed Restrictions do not equal HOA. We have Deed Restrictions on our place (as do adjacent parcels). There is a restriction on swine which doesn't bother us because we don't raise them. There is a restriction on running a junk yard, etc.

How many people who are complaining about deed restrictions would complain if all the land within 5 miles of their place had a restriction on running a CAFO?

I wouldn't live in a place with an HOA but as far as Deed Restrictions I'll look at the nature of each one and decide whether I can live with it or not or if it might even work to my benefit.

Mike
 
#23 ·
If you even consider this lot make sure that the contract is contingent on approval of the covenants. I am sure he probably just covered the ones that were most apparent to him. You also need to find out how they can be changed. In some neighborhoods it only takes a 51% vote...in others it can take 100%. With anything less than 100% they can force someone to do things differently.

The worst covenant I saw when looking at houses was the yard had to be neat and trim...the problem was who gets to define neat and trim. Saw another place 10 acre lots and they said you could only have horses.
 
#24 ·
yea, HOA's - neighborhood Gestapos. There was a time in the not so distant past when if you had a problem with your neighbor, you *gasp* talked to your neighbor! Now you can call somebody else to come deal with it while you hide behind the "covenant agreement". Even in a court of law you have the right to face your accuser! But not in the HOA. Also, there was a time when you would consider your neighbor and his feelings before you painted your house because you wanted to be neighborly!

We got "turned in" to the HOA the one (and only, belive me!) time we lived in a neighborhood with one because our grass was too high. Lawn mower was broken and dh was laid off. Couldn't afford to fix it or replace it. Couldn't afford food for pete's sake! They were demading that we mow it (and it wasn't that high) or else we were going to have to pay their guy $150.00 to do it - 1/4 acre lot mind you! Remember when you knew your neighbors and they were interested being neighbors? Would have been a time when somebody would have asked us about the grass if they were concerned. If they knew somebody was laid off and spending every waking min. of the day looking for work, they would have maybe even helped you out by mowing themselves. But not if you have an HOA. You can hide, you don't have to relate to anybody. You can just complain. That is the real tragedy of the HOA. There is a peice of paper and an HOA manager that stands between neihbors letting them abdicate the oppoprtunity to be neighbors. They get to stand back and judge each other and make anonymous complaints and be all about themselves.

I would never live where there is an HOA again because of what it says about the neighbors, namely that they don't want to be neighbors, and that their only interest in you is to keep you in line so that you don't impact their property value! Rather live somewhere where if somebody has a problem with me, they have the courage to speak up to my face and the kindness to ask questions to determine if there might be a good reason for the temporary lapse of neighborliness on my part!

My advice, don't do it! Even if you can make it work. Some guy with binoculars will be watching to see what you do with that house of yours, and some guy with a ruler will be measuring your grass! You'll walk your road for years waving at the neighbors who might wave back but probably won't and you won't even know their names because they are not interested in having neighbors, they are just interested in making sure the guy-in-the-next-house is controllable to a degree. Sad. I'd rather be a hermit.


Cindyc.
 
#25 ·
Again, there is nothing in the OP to sugest that there is or will be a Homeowner's Association.

People on this board complain constantly about the things other people do with the land those other people own. They put up McMansions, they build to a higher standard than traditional in the neighborhood and cause property values and therefore taxes to rise, they have dogs that bark, etc, etc.

People who purchase property in a development with a HOA are adults entering into a voluntary contractual arrangement. Don't whine about requirements you agreed to.
 
#26 ·
I think most of us understand the difference between an HOA and covenants. I've owned a home with restrictions and at the time didn't even know what "HOA" stood for. I don't think anyone was saying they're the same--except they can both be major pains.
And not everyone has a choice, when I lived in AZ there were no homes available (that I could afford or knew about) that weren't part of an association. Unless you are a desert dog, and I am not, you won't survive the country in Tucson. Again, I couldn't afford it anyway, that land is way over-priced. So I will complain.:)