what does "deed restricted" mean? Can it mean different things in different subdivisions?

Asked by Hancock1947, Port Charlotte, FL Sat Mar 10, 2012

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Tammy Hayes, Agent, Port Charlotte, FL
Sat Mar 10, 2012
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A deed restricted community is where the community has a homeowner association that has rules and regulations pertaining to the use of land and the look of the neighborhood. Usually it is initiated by the developer. Most deed restricted communities require a homeowner association fee to continue the upkeep of the community.

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 - tammyhayesre@gmail.com
2 votes
Tiffany Dodd, Agent, DeMotte, IN
Fri May 25, 2012
Gulf Cove is NOT a deed restricted area. Info came from http://www.GulfCove.org.
0 votes
John Bennett, Agent, Orlando, FL
Sat Mar 10, 2012
The statement about not having Blacks needs a comment. NO community can discriminate because of RACE. About the only control I know of about who may own, about is Age. APPROVED 55 plus community can require one member of ownership be 55 plus of years old (can can a 18 year old husband).
0 votes
John Bennett, Agent, Orlando, FL
Sat Mar 10, 2012
Hummm, Here is what FS 720 says about notice about deeds. May be some different than some answers.

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) Each 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 SELLER’S AGENT OR REPRESENTATIVE WRITTEN NOTICE OF THE BUYER’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. BUYER’S RIGHT TO VOID THIS CONTRACT SHALL TERMINATE AT CLOSING.

(c) If 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 seller’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) This 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.—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.
0 votes
Roland Vinya…, Agent, Sprakers, NY
Sat Mar 10, 2012
Deed restrictions can be many, many different things. I know one where you could not sell alcoholic beverages within a certain distance of any church. Or they may do any number of things that affect the appearance of the area. You may also run across very old ones that may restrict who you could sell to, like no blacks or no foreigners. Those are mostly gone by the wayside now, thank goodness.
0 votes
Edward Gallio, Agent, Port Charlotte, FL
Sat Mar 10, 2012
Deed restrictions are similar to the rules and regulations that condominium owners must abide by. Some are relaxed and non intrusive and some are not. You have the right by contract to receive a copy of these restrictions provided by the seller once a contract is executed and buyers are allowed at least three days to review them and either accept them or reject. If rejected you may cancel your offer/contract with no penalty. Your realtor should provide a copy to you when received, be sure to request them though. They are generally good for all the residents but need to be reviewed as I've heard of extremes like no barbequeing allowed or no pets allowed. Most deed restricted communities will not allow wild colored exteriors, vehicles parked anywhere other than on the driveway, junk and debris around the homes, outdoor laundry hanging, large mobile homes or boats parked outside (which can be terrible for your own view out your windows) or businesses ran out of the homes.
0 votes
Mike Sikorski, , Port Charlotte, FL
Sat Mar 10, 2012
Real estate deed restrictions are restrictions on the deed that place limitations on the use of the property. Deed restrictions such as restrictive covenants are often put in place to maintain a desired look in a neighborhood. To that end, deed restrictions may prevent owners from building more than a pre-established number of homes on one lot. Deed restrictions can also specify what materials or style a building may or may not be constructed of, and how close to the street it can be. Deed restrictions can even specify the minimum size that a house on the lot may be!
0 votes
HOW DO I GET A RESTRICTION LIFTED?
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