Understanding Deed Restrictions and How They Are Enforced in HOA-Managed Communities
Many homeowners in HOA-regulated neighborhoods often view deed restrictions as an annoyance or unnecessary burden, feeling as though the rules are more about nagging than providing a benefit. However, these rules are put in place for a reason—to help maintain property values and the overall appeal of the community.
So, what exactly are deed restrictions, why are they so important, and how are they enforced? Barsalou & Associates, a Houston-based law firm specializing in Property Owners Association Law for over 30 years, offers valuable insights into how deed restrictions protect property owners, maintain neighborhood standards, and help preserve the value of everyone’s investment.
What Are Deed Restrictions?
Deed restrictions are rules or covenants placed on properties within a neighborhood to regulate the use and appearance of homes and lots. The purpose of these restrictions is to maintain the overall quality and appearance of the community, which ultimately helps preserve property values. They may cover a wide range of areas, including:
- Architectural guidelines (e.g., what color homes can be painted, what types of fences are allowed)
- The types and number of vehicles that can be parked in driveways or on streets
- Restrictions on home-based businesses
- Regulations on yard maintenance, including landscaping requirements
- Rules regarding the height of trees and shrubs, and the use of outdoor space
Imagine if a neighbor painted their house a neon color or started parking multiple work trucks in their driveway. What if someone began running a loud business out of their garage with constant traffic up and down your street? It’s easy to see how these small changes could affect the look and feel of your neighborhood—and even impact your property’s value. Deed restrictions are meant to keep things looking neat and orderly where you live, so everyone can enjoy living in a community that stays attractive and maintains its value over time.
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How Are Deed Restrictions Enforced?
Homeowners’ associations (HOAs) are responsible for enforcing deed restrictions. They ensure compliance with these regulations to maintain the neighborhood's appeal and prevent any activities or alterations that could diminish property values. The enforcement process typically involves several steps:
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Notices: If a homeowner is found to be in violation of a deed restriction, the HOA may issue a notice requesting that the issue be addressed. This is typically the first step in the enforcement process.
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Fines: If a violation persists, the HOA may impose fines as a deterrent. These fines are intended to encourage homeowners to comply with the restrictions.
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Legal Action: In cases where the violation continues despite notices and fines, the HOA may take legal action to enforce the deed restrictions. This could involve pursuing a lawsuit or seeking a court order to resolve the matter.
It’s important to note that enforcement must be carried out consistently, in accordance with the neighborhood's governing documents, and without discrimination or arbitrariness. Equal treatment of all homeowners is key to preventing legal issues and ensuring fairness within the community.
As Austin Barsalou, an attorney Board Certified in Property Owners Association Law, explains, “Consistent enforcement of deed restrictions helps protect owners’ property values over time.” This emphasis on fairness and consistency is vital for maintaining a positive relationship between the HOA and homeowners, while also ensuring that the community continues to thrive.
About Barsalou & Associates
Barsalou & Associates has been providing legal guidance to homeowners associations for over 30 years, specializing in Property Owners Association Law. Led by Austin Barsalou, who is Board Certified in this area of law by the Texas Board of Legal Specialization, the firm offers extensive experience in advising HOAs on matters like deed restrictions, governance, and enforcement. Their expertise ensures that HOAs can navigate complex legal issues with confidence and make decisions that benefit the entire community.
If you have any questions about deed restrictions or enforcement in your neighborhood, Barsalou & Associates is available to assist. For more information, visit their website at barsalou.com or contact them directly at 713-396-3871 to discuss how they can help your HOA ensure that its restrictions are enforced fairly and effectively.
Tiffany Krenek has been on the My Neighborhood News team since August 2021. She is passionate about curating and sharing content that enriches the lives of our readers in a personal, meaningful way. A loving mother and wife, Tiffany and her family live in the West Houston/Cypress region.
