Have you read your C.C.&R's and are they enforced?

[tvguy]

Dug mine out last night, probably haven't looked at them in 37 years since we closed escrow.

My subdivision was started in 1976, so ours were written then. I've been breaking the prohibition from working at home full time the past 10 weeks. However I am far from the first to violate. Guy across the street made violin and cello bows in his back bedroom for decades. Rarely had customers there. Guy next door ran an accounting business, never had any customers there. Current residents there both work from home.

Any odd or outdated rules in your C.C.&R's (Convenants, Codes and Restrictions) ?

I know that CC&R's can only be enforced by civil lawsuit unless you have an HOA. And I also know that outdated and restrictions that are now illegal can't enforced. Some of the CC&R's from the 1930's include restrictions on who can live there, and of course, those are illegal now.

 

[jlmarr]

"No farm animals allowed." Pretty sure someone has chickens. That's all I've got.

 

[bcla]

Yeah. Still own a townhouse unit and there's a long list of things that are either prohibited or have to be approved by the HOA. We're a tiny HOA (no management company will agree to manage us) so it's all self governed.

I remember seeing that all external fixtures are supposed to be uniform. Mailboxes have to be approved by the HOA. None of that has happened. Lights have been replaced and I even replaced the doorknobs with something similar but not exactly the same. The garage doors are supposed to be identical, but many were replaced and they're not uniform any more. We just agreed that nobody would make an issue of it.

I guess the oddest restrictions are about vehicles and parking. There are some parking spaces in the common areas, and they're not supposed to be used by residents except for temporary use (less than 24 hours). I had a tenant there who used one and I had to deal with the complaints. Including one complaint by another homeowner who parked his vehicle and rarely moved it. There was also a restriction saying that motorcycles weren't allowed as well as any pickup truck more than a "half ton" (not sure about what the definition is). I guess they felt that motorcycles or large work vehicles would reduce the value of the property. But there were motorcycles owned by residents all the time. Maybe even a few large pickup trucks from a few residents. When I mentioned it (just in passing) at an HOA meeting it was met with both surprise and a response that nobody cared as long as motorcycles weren't loud.

 

[LuvOrlando]

I took a real estate class a long time ago and I think they become invalid if they aren't enforced in something like 7 years, at least in PA so maybe it's by state? We didn't buy the next block over because of the weird rules about fences and stuff like boats not being allowed - don't have a boat but rules like that just irk me in a live & let live sort of way. Turned out two attorneys took over whatever entity is in charge and essentially removed the rules by sitting on the complaints until they died on the vine & now they are no more.

 

[jesusfreak75]

Our HOA isn't active so really no one to enforce the CC&R's on the deed.

 

[soccerdad72]

I glanced through it when we built the house about 16 years ago. Couldn't tell you now what's in it, but I'm sure 1.) I've probably violated parts of it and 2.) Not a lot of enforcement occurs.

 

[loves to dive]

We live in a subdivision with HOA. We were actually on the original board that wrote the covenants and they haven't been modified since then so, yep, we've read them and know them. We pretty much follow them since we made sure they were pretty loose. Basically it's silly stuff like your lawn should be maintained, no boats or RVs parked in the driveway, no renters, no cutting down trees unless they are dead. You are supposed to get the color approved if you paint your house and aren't supposed to put little outside buildings out unless they are approved and no fences except chain link or black iron (a lot of people have violated that one and the little storage shed one). The fences were supposed to be so your neighbor across the street would not have their view obstructed since we have ponds on both sides of the neighborhood. The RV one is sort of biting us since we own one now but we couldn't get it backed into our driveway or up the hill of our driveway so it's not really that big of an issue.

 

[mjkacmom]

Our town has rules like no boats, RV’s or commercial vehicles in driveways, no farm animals, no overnight street parking, no front fencing, variance needed for fences over 4 feet, very strict pool rules, an above ground pool over 4 feet high needs a permit (people are probably losing their minds trying to get variances and permits this summer), permits needed to take down trees, sidewalks need to be shoveled in a certain time period... It’s very old school here, with an elected commission form of government (5 total).

 

[bcla]

One time I remember the threat of enforcement was when I first moved in and lived there myself. Someone was parking in one of the guest spaces but sticking well out and making it hard to exit my garage. The HOA president saw that and told me that he could have the car towed if I wanted. I declined but might have considered it if that happened a lot.

Also I mentioned my tenant. It was getting to the point where I informed my tenant of the issue, but that didn't stop anything for long. A different HOA president was threatening to unilaterally increase my HOA dues (as a parking fee) and apply it as a salary for himself for his work as HOA president. He made all these threats by email and leaving angry voice messages. But if he ever managed to talk to me directly or at HOA meetings he didn't say anything. It was weird.

 

[ThisIsJason]

Parking overnight on your driveway, seems that during the warmer months just about everyone leaves a car out overnight or in my case for days on end. Now during the winter, this is enforced due to the condo association doing the plowing.

Marigold's: can't plant them. Guess before I moved in some woman on the board HATED marigold's. So she slipped in a rule they couldn't be planted. She is long gone, and I have planted them for years, and so have others.

Everything else is still pretty much enforced. That I know of. There is probably some things I have done that are against the HOA rules, but I haven't been notified about them.

 

[Mackenzie Click-Mickelson]

The covenants for mine were written in 2005 so doubtful it's outdated in terms of some of the things mentioned. I do know there are conflicts in terms of what is a city ordinance and what is part of the HOA covenants in some things though the covenants have to be filed through the city.

They have amended a few things such as no longer allowing wood fences (happened prior to us moving in), roofs have to be 50 year.

As far as enforced it's really just your garden variety HOA--some things are not enforced some are. You'll find bigger things like there is not a single wood fence, no separate structures (like a shed) and Christmas lights while lenient in time of enforcement do end up being enforced. Another thing was people cutting down trees and shrubs in property that was HOA that got nipped in the bud quickly.

But people do park their cars on the street for longer than both the HOA and the city allows without moving, you'll see boats for longer than the HOA allows for (though people are generally good at no longer than 5-7 days) and other things.

 

[VandVsmama]

We read the CC&Rs when we moved in and from what I can tell, they're enforced but you're given a little bit of leeway to correct things. Like when my next door neighbor was growing a forest of 3' tall weeds in his front yard for a good 2 months. I never complained but somebody must have at some point because all of a sudden, he de-weeded his yard.

The CC&Rs are pretty standard for around here, but with several fun ones thrown in to make it interesting.

• no fruit trees in front yard
• no olive or mulberry trees (because of pollen) planted in ground - doesn't say that it's not permitted in pots, so I'm putting olive trees in pots in my backyard.
• no RVs or boats unless you get HOA ok ahead of time and then only for 48 hr for you to load/unload and then move it.
• house repainting requires approval
• no fake grass in front yard (this bothers my nosy neighbor immensely because she wants fake grass in front)
• no wooden fences (it's just an invitation for termites...all the fences are concrete block)
• must have so many trees in front yard
• no parking on street overnight (I don't understand what the big deal is about this)
• no sail/shade cloths in backyard. But pergolas and ramadas are ok. This rule is dumb.
• and the dumbest one of all...no planting anything within 5' of the concrete block fence in your backyard. Nobody follows this rule and the HOA can't enforce it because doing so would mean they'd have to trespass on your property in order to peek over the fence and snoop.

 

[Lumpy1106]

CC&R's can only be enforced by civil lawsuit unless you have an HOA.

This is really frustrating and has ended up with us suing our neighbor. Dude built a wall to purposely restrict our ability to use our own driveway. It's REALLY clear this isn't allowed, but he skirted the need for a permit by keeping it just short enough and the City turned a blind eye. "It's a Civil Matter" is all they would say. I hate the idea of an HOA, but it would have been really nice to have someone go to bat for us on this. $15k in legal fees later with more to come, case delayed due to COVID, and it will be a full year we can't use our driveway before a judge even sees the case. Honestly have no idea why there is a city code enforcement office if they don't enforce the code.

 

[NYCgrrl]

I live currently and in the past within cooperatives which are similar to HOA. The new board is attempting to change two rules, one I agree with and the other I don't. One is to change the percentage of the flip tax and the other is to ban cigarette smoking within individual units.
In my opinion they need to "uncouple" the two but currently my thoughts are in the minority. They can't make quorum for the 4 times they've tried.
They'll figure it out eventually.

 

[Mackenzie Click-Mickelson]

This is really frustrating and has ended up with us suing our neighbor. Dude built a wall to purposely restrict our ability to use our own driveway. It's REALLY clear this isn't allowed, but he skirted the need for a permit by keeping it just short enough and the City turned a blind eye. "It's a Civil Matter" is all they would say. I hate the idea of an HOA, but it would have been really nice to have someone go to bat for us on this. $15k in legal fees later with more to come, case delayed due to COVID, and it will be a full year we can't use our driveway before a judge even sees the case. Honestly have no idea why there is a city code enforcement office if they don't enforce the code.

Is there a code regarding restricting driveway usage?

If they didn't need a permit (even done so intentionally) regarding it being just short enough not sure what you expect the city to do unless it's in violation some other way.

 

[tvguy]

I am not aware of any dispute in the 37 years of owning my house where the C. C.&R.s were an issue between neighbors. There have been issues with the code enforcement on issues not addressed in the C.C.&Rs. And there was a dispute recently between neighbors where one neighbor was a registered sex offender and some tried to force him out on that basis. That went to Court and at least in California, a Registered Sex who is compliance with the law is protected from harassment.

 

[Lumpy1106]

Is there a code regarding restricting driveway usage?

If they didn't need a permit (even done so intentionally) regarding it being just short enough not sure what you expect the city to do unless it's in violation some other way.

Yes, it's a violation. It's a combined driveway and they didn't leave us enough width (it's in the code, diagrams that look exactly like our situation and everything). If the wall had been over 4' it would have required a permit and our sign-off. It's just tall enough so we can't open our car doors (on purpose) , but less than 4' so the city doesn't require a permit - and they won't enforce the other provisions. It's infuriating and feels like we've been victimized twice. I've always hated HOA's but sure would be nice if we had one right now.

 

[Mackenzie Click-Mickelson]

Yes, it's a violation. It's a combined driveway and they didn't leave us enough width (it's in the code, diagrams that look exactly like our situation and everything). If the wall had been over 4' it would have required a permit and our sign-off. It's just tall enough so we can't open our car doors (on purpose) , but less than 4' so the city doesn't require a permit - and they won't enforce the other provisions. It's infuriating and feels like we've been victimized twice. I've always hated HOA's but sure would be nice if we had one right now.

Oh ok I gotcha

 

[georgina]

Reading these reminds me to make sure when we buy a new house to make sure there is no HOA! Some of the rules seem pretty ridiculous. We live in an old neighborhood where we can have whatever trees we want and paint our house freely and park in our driveways if we want.

 

[bcla]

But people do park their cars on the street for longer than both the HOA and the city allows without moving, you'll see boats for longer than the HOA allows for (though people are generally good at no longer than 5-7 days) and other things.

What's the limit? Around here it's a universal 72 hours unless there's some sign posting a different limit. Pretty much every city sets it up that way, and if unincorporated the county has a 72 hour limit regardless of whether it's the burbs or a rural area. However, it rarely gets enforced. We don't have a specific parking enforcement division around here, so the police handle it. Apparently they'll only enforce the limits if there's a complaint by a resident. I've parked in front of my house for over a week and nothing happened. I've seen enforcement once, and that was in the form of a notice on the windshield giving 72 hours from the time of the notice to move. I think one of my neighbors called it in.

I remember visiting some rural part of California and I was curious as to how long I might be able to leave my car parked on the side of the road if I went backpacking or took the bus. I looked up the county code and couldn't find anything other than on specific streets in the main town.