Each deed restricted community has different rules. Deed restrictions can include the size of home allowed on the lot, paint colors for the exterior of the home, as well as lawn maintenance, landscaping, and some even regulate tree-cutting. Some communities do not allow the storage of campers, trailers, or cars that don't run or vehicles with company names or logos on them. They can dictate what types of materials a fence can be made out of, or even not allow fences at all. Another restriction might be regarding pets. Some will only allow one pet or limit the breed and size of the pet. Building additional structures on the lot such as a shed or gazebo can also be restricted.
Some of the benefits of living in a deed restricted community are that amenities are often included. These can be anything from golfing, use of swimming pool, tennis courts, a fitness center, or even a club house. These amenities are owned by the members of the community and are common ground. Another benefit is that communities with deed restrictions maintain their value and are more desirable to potential buyers.
It is important to be aware of the deed restrictions on a property before making an offer. If you are thinking of buying a home in a deed restricted community, you will want to get a copy of the deed restrictions before you buy and read it over carefully. These can either be obtained from the seller or directly from the homeowner association.
Tammy Hayes, Realtor, Green Lion Realty, Port Charlotte, FL - firstname.lastname@example.org
The disclosure must be supplied by the developer, or by the parcel owner if the sale is by an owner that is not the developer. Any contract or agreement for sale shall refer to and incorporate the disclosure summary and shall include, in prominent language, a statement that the potential buyer should not execute the contract or agreement until they have received and read the disclosure summary required by this section.
(b)â€ƒEach contract entered into for the sale of property governed by covenants subject to disclosure required by this section must contain in conspicuous type a clause that states:
IF THE DISCLOSURE SUMMARY REQUIRED BY SECTION 720.401, FLORIDA STATUTES, HAS NOT BEEN PROVIDED TO THE PROSPECTIVE PURCHASER BEFORE EXECUTING THIS CONTRACT FOR SALE, THIS CONTRACT IS VOIDABLE BY BUYER BY DELIVERING TO SELLER OR SELLERâ€™S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYERâ€™S INTENTION TO CANCEL WITHIN 3 DAYS AFTER RECEIPT OF THE DISCLOSURE SUMMARY OR PRIOR TO CLOSING, WHICHEVER OCCURS FIRST. ANY PURPORTED WAIVER OF THIS VOIDABILITY RIGHT HAS NO EFFECT. BUYERâ€™S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.
(c)â€ƒIf the disclosure summary is not provided to a prospective purchaser before the purchaser executes a contract for the sale of property governed by covenants that are subject to disclosure pursuant to this section, the purchaser may void the contract by delivering to the seller or the sellerâ€™s agent or representative written notice canceling the contract within 3 days after receipt of the disclosure summary or prior to closing, whichever occurs first. This right may not be waived by the purchaser but terminates at closing.
(2)â€ƒThis section does not apply to any association regulated under chapter 718, chapter 719, chapter 721, or chapter 723; and also does not apply if disclosure regarding the association is otherwise made in connection with the requirements of chapter 718, chapter 719, chapter 721, or chapter 723.
History.â€”s. 40, ch. 92-49; s. 63, ch. 95-274; s. 4, ch. 98-261; s. 1, ch. 2003-48; s. 25, ch. 2004-345; s. 21, ch. 2004-353; s. 63, ch. 2008-240.
Deed Restricted means the same in every community, and that is the community has Rules that are apart of the Deed should you buy into the area. It and mean you can't have a boat or RV parked outside, or a truck with lettering, could give them to power to mow your lawn, to control the length of grass, the color of your home, what tress you have and don't have. One needs to be VERY careful when reviewing these restrictions, as they can control much of the things you do and don't do.