Restrictive covenants are very common in an HOA, and they help outline what a homeowner can, can’t, and is obligated to do with their property and on their property. It’s a way to protect the area from lowering property values by making sure all homes are well maintained. Take a look at some of the important information you’ll want to know about restrictive covenants.
Property Use Covenants
Many of the HOA restrictive covenants will fall under the umbrella of a property use covenant. These covenants cover what you can and can’t do with your property. They are likely to help the homeowner’s associations maintain a certain aesthetic and uniformity amongst the community. Many communities even have a subcommittee that is in charge of inspecting properties for violations, updating architectural guidelines, and overseeing the architectural review process.
Maintenance Covenants
Restrictive covenants can also outline what a homeowner’s responsibility is regarding the upkeep of the home. The association can outline things like how many times a lawn needs to be mowed in a month, when trees need to be trimmed, gutter maintenance, etc.
Are restrictive covenants enforceable?
Usually, the covenant is legally binding and enforceable, but it does need to meet certain requirements. It can’t violate homeowners’ rights, it can’t violate state or federal laws, it must be enforced consistently, and it must be included in an HOA’s governing documents.
What are some examples of restrictive covenants?
- Vehicle restrictions – some HOAs outline how many vehicles can be parked on the street, in your driveway, etc.
- Paint choice – some HOAs dictate what colors homeowners can and can’t paint the exterior of their homes.
- Construction – some HOAs have restrictions on whether their residents can add fences, garages, sheds, etc. Make sure that residents check with the HOA before starting any construction to ensure they aren’t breaking any covenants.
Restrictive covenants are a great way for HOAs to ensure that homeowners achieve a return on their investment. If your community is having trouble enforcing restrictive covenants or needs help managing day-to-day duties, contact Prism Realty Management. Give us a call at 512-676-5842 — we’d be happy to talk to you about who we are, the services we offer, and our process.
