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Restrictions – What you can’t see can affect you – Part 2

Posted by Rona Fischman  April 11, 2011 02:06 PM
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Sam Schneiderman, broker owner of Great Boston Home Team is our Monday guy. Today he continues the discussion about restrictions that he began last week.

In addition to the restrictions that we discussed last week, there are other restrictions that can affect how an owner can use his or her own property.

Condominium or co-op documents:
Condominium documents, including rules and regulations, if any, often include restrictions regarding pets, ability to rent, parking, storage, use of condo units, voting rights, insurance, use of common areas, and financial matters including the condo association's ability to borrow money for the association on behalf of all owners. Condo docs also address who is a trustee (A/K/A Member of the Board of Directors) and what powers and responsibilities trustees have.

Easements:
Easements are used when one party has the ability to use someone else’s property. Typically, easements are used for shared driveways or utility access. It is not uncommon to see utility easements when underground pipes are beneath or planned on someone’s property. A utility easement grants the utility company the right to access a particular area of someone’s property to install or maintain their utilities. Easements should be noted on property deeds.

Community covenants:
When some neighborhoods were developed, the developer created a set of community covenants to regulate the appearance of the neighborhood. Any aspect of a neighborhood can be regulated through community covenants provided the restrictions are legal. In many cases, community covenants restrict the style or size home, garage or other building that can be built within the neighborhood, the type number of vehicles that can be kept by owners (no campers, boats, etc.), types of antennas possible on homes, pets, landscaping, or the colors that homes can be painted. Community covenants should be noted on property deeds.

Historical Districts:
No discussion about property restrictions would be complete without mention of historical districts and/or historical societies. Both entities exist to maintain the visual appeal of the neighborhoods that they impact.

Therefore, any time that a property owner wants to maintain his/her property in a way that will change the appearance of his/her property, the change must satisfy the requirements of the historical district or society. Restrictions often range from colors allowed on homes to the style of replacement windows, shutters or gutters, if those items are allowed at all, but can affect almost any aspect of the property.

Buyers should beware and ask about restrictions prior to getting too far into a transaction. Sellers and their agents should disclose any known restrictions up front to insure no surprises prior to closing or, worse yet, after the closing.

What kind(s) of restriction(s) would cause you to walk away from a potential purchase?

Is there any type of restriction that you would be reluctant to disclose as a seller or seller’s agent?

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About boston real estate now
Scott Van Voorhis is a freelance writer who specializes in real estate and business issues.
Rona Fischman is a buyer's agent who provides a look at the local housing scene, from basements to attics.
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