Getting Out Of Restrictive Agreements with Your HOA

getting out of an agreement

The restrictive agreement is an agreement made between a homeowner and the HOA that limits the usage of a given property. The restrictive agreement is a written document signed by both parties and incorporated in the deed that ensures that the restrictions stated are legally binding on any other homeowners who may purchase the property. Restrictive agreements are enforced to ensure given standards are maintained in a given neighborhood guaranteeing neatness, and uniformity of units in affluent neighborhoods. Restrictive agreements also ensure that property prices do not fall but rise in the given neighborhood. Majority of restrictive requirements to the property include issues such as the size of the property, property features such as landscaping, driveways, fences, and pets that the homeowner is allowed to keep.  

 

Enforcement

The best way to violate a restrictive agreement is if it has expired. Find out at what point was the restrictive agreement signed and ignore it until such a time when it becomes void then you can violate it without facing legal action. Violating avoid restrictive agreement is especially possible if the agreement was written years before you owned the property by previous homeowners and may have surpassed by changing times. Check the restrictive agreement wording, which should specify what action is restrictive on the property. There are some restrictive agreements written with an expiry date.

Find out if the agreement has expired before violating it to avoid legal trouble. More so check if the neighbors are violating the restrictions or not as well and if the agreement portrays inexact wording that can give you leeway to violate the agreement. Check out omissions in the restrictions agreements such as no expiration date, lack of specific details on the given requirement that may enable an inconsistency with the law. Such omissions may enable some neighbors to have already overlooked the restrictive agreements. For instance, if some properties in the neighborhood have restrictive agreements while others in the same neighborhood have no restrictive agreements.

 

How to Get Away From a Restrictive Agreement

Consider taking a more proactive approach when considering the violation of a restrictive agreement in your neighborhood especially if the restrictions are under the supervision of your HOA. Remember it is the main duty of the HOA to ensure the maintenance of the neighborhood’s property values at a given desirable level. The enforcing of given rules and regulations that include the neighborhood restrictions as well mainly by the HOA to attains the desirable level of harmony among property owners. Ensure that you are well familiar with restrictive requirements in the restriction agreement deed. Check for the HOA procedures of altering given restrictions found in the restrictive agreement such as seeking permission from the HOA.

Identify the willingness of the HOA to compromise and allowing the waiver of some restrictive clauses in the agreement that you may be your areas of interest. Some HOA’s allow variances where homeowners are at liberty to seek permission to make some changes that may have been earlier restricted in the restrictive agreement, while other HOA’s also allow for homeowners to apply for a waiver to ignore the restrictions on the property. When the HOA fails to grant your variance or waiver request, consider seeking the use of legal processes to remove the restrictive agreements on the property completely. However, this may require convincing other property owners in the neighborhood to join you in your quest as they may be subject to a vote. Alternatively, a judge can make a ruling that voids the restriction nullifying the deed. Be careful when buying property and always check if there are restrictive agreements that may apply before sealing the purchase.

Always go through the property documents thoroughly before purchasing to ensure that you are not having mishaps when you need to make alterations on your property to enhance the value of your home such as having a deck, fence, more parking space etc. You may consider taking a risk on an unenforceable deed. Such an action may be prudent just in case you ignore the viability of the deed and choose to violate it at the expense of your neighbors’ complaints. You can then choose to battle it out in court and allow a judge to remove the restriction from the restrictive agreement. However, remember that fighting a restriction in a restrictive agreement is quite challenging as it may be viewed as HOA policy violation, getting you into more trouble with your neighbors.