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AVA Insurance Group & Auto Tags Blog

Why Does My Suburb Have a Deed of Restrictions?

9/13/2018

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​The deed of restrictions is something that most homeowners have to cope with especially when they are late to the area. Unfortunately, a Deed of Restrictions is often a take it or leave it thing unless you can get the political clout to change it.
​Deed of What?
A Deed of Restrictions is a list of things you are not allowed to do within the community. For example, some suburbs ban Harley Davidson motorcycles and other loud vehicles. Other require that houses must be built to a specific minimum or maximum size.
 
Usually, the Deed of Restrictions was created around the time that the homeowner’s association was founded. Think of it as a mini-constitution that all the people who lived there decided upon as good ideas for the community.
 
Keep in mind that the Deed of Restrictions is subject to laws and local ordinances so it cannot contain provisions that are contrary to law.
 
Why Is It Take It or Leave It?
For many new homeowners, the only interaction they will have with the Deed of Restriction is to follow through with what it entails. They don’t have the discretion to violate it. They have no say as to what it contains.
 
They cannot choose to violate it because it is part of the terms that come with using the property. So, let's face it, the owner must take it or leave it.  
 
Of course, this isn't all bad, most are reasonable when they made their Deed of Restrictions, and the law will prevent any restrictions from being passed.
 
Revolutionary Reform?
Like I said new homeowners are at the mercy of the Deed of Restrictions as they are all but powerless before it.
 
But don't let that make you feel hopeless. There are ways to reform the Deed of Restrictions if you find that it is cramping your style.
 
The first way is to convince the homeowners to repeal sections of the Deed of Restrictions. It is not too different from saying that you to repeal a law or pass new laws. But instead of Congress, the people who will vote are the homeowners' association.
 
The second way is to disband the homeowners' association and form a new one. It is akin to a revolution in the sense that we are forming a new homeowners' association which will have a new Constitution in the form of a new Deed of Restrictions.
 
Incidentally, one more reason why the Deed of Restrictions is considered a good thing has to do with insurance. The restrictions found in it might be the reason why the insurance premiums are kept reasonable. At AVA Insurance & Auto Tags, we aim to make our client's life easier with policies that are tailored to their needs. You can get more information about our products and services by calling our agency at (954) 454-5483. Get your free quote today by CLICKING HERE.
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