What does "deed restriction" mean in Florida....thanks

Asked by Gwkeys, Little River, SC Tue Jan 15, 2013

This question was asked from http://www.trulia.com/homes/Florida/Punta_Gorda/sold/2591945…

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Tammy Hayes, Agent, Port Charlotte, FL
Sun Jun 15, 2014
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
Re/Max Palm Realty
6 votes
Belvy6, Home Buyer, Punta Gorda, FL
Thu Jan 12, 2017
Deed restrictions are a way for cranky old people in Florida with nothing better to do to treat you like a child and regulate what you can do on "your" property.
3 votes
The Developer of the Community
made the Incorporation of the Bylaws
and Deed Restrictions. No body else
made them, and that is the same in NJ weather it is Condo’s or Deed Restriction Communities. If people don’t like living in a Deed Restriction
Community, they should have not bought, there is a saying buyer be ware. People should look be they leap. They know that they are buying in a Deed Restriction Community it is
up the Realtor to explain, if not then ask to see a copy of the Deed Restrictions that way you will know if the Community is right for you or not.
Flag Wed Oct 11, 2017
Diane Christ…, Agent, Sarasota, FL
Thu Jan 12, 2017
Deed restrictions are limitations written into a deed to restrict the control, occupancy or use of a property. They are also known as restrictive covenants. Because these restrictions are written into the deed, they transfer with the property from the previous owner to the new owner when the home is sold.

Many subdivisions, especially newer ones, have deed restrictions to control the look and appeal of the neighborhood. The deed restrictions are recorded, usually by the original builder of the subdivision, so are available on line. They are typically called "Declaration of Covenants, Conditions, Restrictions and Easements."

There are also typically a set of by-laws for the association, which set up the rules for running the homeowners association. These usually cover definition of who are members, how voting will be done, rules for meetings, Board of Directors defined, powers and duties of Board of Directors members, rules for fiscal management of the association, parliamentary rules for meetings and rules for how amendments can be made to the deed restrictions.

Back to the deed restrictions. These contain the rules and regulations for land use and property standards for the homes in the community.

Typical restrictions would include how the property can be used. Here are some common items covered by HOA deed restrictions:

lots for residential use, no commercial activities on the property

what type of vehicles can be parked on the lot - often trailers, RV's, boats are restricted and cannot be parked where they can be seen

dwelling changes - you may have to have any improvements or changes to your home approved by the HOA architectural committee even if permits are not required by the county, such as changing paint colors or major landscaping changes

garages & parking - there are usually rules about not converting garages to living space, some have rules about no cars parked overnight on streets to driveways. Most have rules about commercial vehicles or vehicles with commercial signs not being parked on driveways overnight, they must be kept in garages.

accessory buildings - most have rules about adding sheds or other structures to the lot, ie what type are allowed (if any)

roof types - some HOAs have rules on what type of roofs you may install as they want to keep things uniform throughout the community

fences - some HOAs have rules on whether you can install fences and what type if allowed

Solar panel equipment, satellite dishes, clothes lines, window AC units - most have restrictions on if/how and where you can install these

Rentals - most newer HOAs have rules on how often you can rent a home, such as no unit may be rented more than twice a year and cannot lease for a period of less than 6 months.

These homeowner associations will also charge dues or fees on an annual, quarterly or monthly basis to maintain the common grounds and run the business of the HOA.

Some people hate deed restrictions, they feel they restrict what they can do with their property. Others like deed restrictions because they do give an overall standard for the subdivision that all homeowners must maintain, thereby keeping up the property values as a whole. Homes in deed restricted communities tend to sell for higher prices than homes in neighborhoods without deed restrictions.

Some people want to park their boat or RV on the side of their home, or their work van on the drive, hang their laundry on a line behind their home or park cars in their front lawn. Others find those things an eyesore and don't want to look at them on a daily basis.

The bottom line is, if you are looking at homes in a subdivision with a mandatory homeowner's association, be sure to get and read a copy of the deed restrictions and by-laws before you write an offer so you know what you will required to comply with should you purchase there. I'd also recommend getting a copy of the most recent budget and at least the past 3 months minutes of the Board of Director meetings so you can find out what issues they are discussing.
1 vote
Tonysignorel…, Home Buyer, Punta Gorda, FL
Thu Mar 23, 2017
It means there is an HOA and there may be rules as far as use of your land or design of your home.
0 votes
There is a difference between POA and a HOA. Big difference.
Flag Wed Oct 11, 2017
Randy and Vi…, Agent, Punta Gorda, FL
Tue Jun 10, 2014
Deed restrictions are a set of rules that are set by the community and can vary widely from one community to the other. So there is no set meaning when they say deed restricted.
0 votes
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