What Are the Conditions, Covenants and Restrictions for Homeowners?

When you are a homeowner or considering buying a home, you should be aware of all conditions covenants restrictions or other limitations on the property. While property owners have great freedom to do what they like, they also must abide by rules and limitations or they could find themselves facing fines or even eviction from their homes.

Homeownership and Conditions Covenants Restrictions

As a home owner, conditions, covenants and restrictions can come from several different sources:

  • Zoning laws: Most homes are zoned residential, which means you have restrictions on what you may do in the home. For example, you may not generally run a commercial business that caters to customers out of a private residence. You also cannot have livestock in most residential neighborhoods. If your home is zoned agricultural, on the other hand, then you may have a different set of restrictions that allows you to have horses or other livestock.
  • Building codes: Building codes also place restrictions and conditions on your rights as a homeowner. For example, you may be restricted by the township where you live as far as how high of a fence you can build. You may have to get permits before you can do electrical work or construction work on your home
  • Municipal codes: Townships and municipalities also have regulations on the homes and properties within their district. Your township may require you to license any animals, for example, and may limit the number of pets you can have. You may be restricted from putting up signs or advertising, or face other restrictions designed to keep the town safe and hospitable for all residents
  • Homeowners associations: If you buy a house in a neighborhood or community that has a homeowners association, or HOA, you enter into a covenant with the others in the association. The covenant is a solemn promise to either do or refrain from doing certain activities. For example, the homeowners association covenants may prohibit you from painting your home without permission or may restrict the size that your home can be. These restrictions and covenants are enforceable and can limit you on every tiny little detail of what you can do with your house, so before you buy a home in a planned community, it is essential to understand all requirements imposed.

Getting Help

When you live in a house or plan to buy one, it is essential you know your obligations as a home owner. You should consult with an experienced real estate attorney if you have concerns about any aspect of the conditions covenants restrictions in place so you don't do anything to get yourself into legal trouble or to jeopardize your home.

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