Deanna's post made me wonder what the difference in a home owners and a deed restriction is, if any?

The realitor we're getting our house through said something about deed restrictions and something to the fact about your lawn has to be cut, etc... is that the same as home owners association?

By Ginny~moderator on Friday, July 18, 2008 - 07:08 pm:

Deed restrictions are not necessarily the same thing as a homeowner's association, but can sometimes have the same effect. I would say the same thing to you, Mamma, that I said to Deanna. If you have concerns, have a lawyer look over the deed and any related documents. Demand that the realtor produce all documents that would control the property and have a lawyer review them before you commit - and demand that the realtor sign a statement that s/he HAS produced all such documents.

Most municipalities have regulations about things like lawn mowing, trash removal, and exterior maintenance, and many municipalities also have regulations about the height of fences, fence setback from the property line, decks, building additions, maybe exterior TV antennaes, using licensed contractors for specific kinds of work, and so on. That, however, is different from deed restrictions or homeowners association bylaws or rules.

A deed restriction can be something that applies only to a specific property or group of properties. As an example, my son owned a home where the neighboring property had an easement that allowed the neighbor to travel over my son's property to get to the alley behind the houses - this easement dated back to when the properties were both part of a farm. Some developments had deed restrictions (since abolished by the courts) barring the sale of a home to non-white persons.

Homeowners association rules often go into much greater detail and can include the range of colors a house/trim can be painted, landscaping, placement of a swing set or above-ground pool, type of mailbox, type of fence (as Deanna learned) and more. Some even have tried (though with little success when the homeowner takes it to court) to control placement of political campaign signs. I've read of one homeowners association that bans pickup trucks from being parked in the driveway or on the street in front of the owner's home.

I can only emphasize how important it is to have a lawyer look over these kinds of docuoments before you commit yourself to living in a community that may have rules you don't know about or understand but which may have significant impact on how you live in your home.