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Thread: Violate deed restriction? Tear down the house!

  1. #26
    Cyburbian dvdneal's avatar
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    Jan 2009
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    what am I doing in Kansas?
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    I always like watching stories like this. It's not the city who's trying to demolish your house, it's your neighbors. I didn't read all the details, but it sounds like this is just an angry neighbor and the house doesn't actually hurt anything. Oh well, demolish the house and screw the extension.
    Need a planner? Why not Dvd?

  2. #27
    Cyburbian
    Registered
    Sep 2003
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    near Baltimore, Maryland
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    Quote Originally posted by Tide View post
    Nope, that's why the "aware" is just personal awareness or one could have an HOA supply their restrictions but with probably over 100 HOAs in the county and plenty others with just deed restrictions it was not a game we wanted to get into.

    To tag on what Wahday said, if in fact this subdivision does have different setback requirements than the local zoning ordinance I think it would be prudent to have the zoning ordinance amended to match the restrictive covenants or HOA in this neighborhood to avoid future cases such as this.
    Why? Why should the municipality/community bend to conform to one small subsection? If anyone should change, it should be the HOA, or whoever is tasked with enforcing the private covenants, who should amend the covenants to match the zoning. If they don't want to, they should be on their own in enforcement.

  3. #28
    Cyburbian Plus OfficialPlanner's avatar
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    Sep 2002
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    Quote Originally posted by B'lieve View post
    Why? Why should the municipality/community bend to conform to one small subsection? If anyone should change, it should be the HOA, or whoever is tasked with enforcing the private covenants, who should amend the covenants to match the zoning. If they don't want to, they should be on their own in enforcement.
    +1

    Municipalities should stay away from endorsing and enforcing HOA covenants.
    The content contrarian

  4. #29
    Cyburbian Plan_F's avatar
    Registered
    Apr 2013
    Location
    McHenry County, Illinois
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    53

    Deed Restrictions and HOAs

    This reminds me a lot of what goes on in Las Vegas. Since the bulk of the Valley is new, most of the modern developers set up homeowners associations, particularly to keep the landscaping alive. That is due to the fact that if you don't maintain irrigation, it dies.

    What they have evolved into, it would seem, is empowering the local busy-bodies to enforce correctives of all kinds of violations. One of the big enforcement issues was, if you can believe it, the prohibition of portable basketball hoops. That resulted in all kinds of neighbor wars.

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