CCR’s, Rules and Restrictions on Your Home

Rules – Use Restrictions

Riverside 2013 Brochure

HOA, deeds, easements, CCR, easements and other restrictions can be placed on your property.
Understanding that property rights are not always exclusively yours  is crucial before purchase of a home.

While in the home can be the castle, are likely to share the privilege, at least in part, with a variety of other interested parties from access to the rules and regulations, restrictions and outright prohibitions. In addition to local, county or parish, state and federal laws, there are zoning laws that impose limitations on what can be done with your property as well as when and how.

This article is not a substitute for good advice, local legal, but must provide at least a few things to consider if you are a new buyer or have not bought in years.

Facts: Most people have never read the writing on a potential home before buying. Some restrictions, if any, shall be specified in this fact, and must be made available to the broker, through its agent, buyer or get the same in the local municipality.

Assessor / Surveyor Findings: Often, when a property changes hands the issues and problems convey. Say a buyer purchased a property in which the neighbors, for 50 years – built a garage for 2 meters above the property line on the property a buyer. Because the seller had been in the house all the time, the issue of building permits, zoning, etc, it was not until 50 years ago, so nobody knew. The new writing had to reflect the invasion.

Rights of way and easements: many works of urban and suburban plots of land are related to access and gives the necessary utilities. The ability to dig, work, and repair lines that pass over your property are essential. Similarly, in most cities and towns, the local owner of a portion of the edge of his property to use another utility to trim trees of telephone lines, etc. Also, many plots of land near lakes, streams and the likes have traveled pedestrian rights of way has been granted for generations, or certain individuals or families in the locality. Read the script. Always.

HOA: Home Owner Associations are not new, but they are certainly becoming more popular as people try to control the actions of their neighbors, have the group’s money together to pay for common interests and the like. HOA often referred to in the facts, but the details of the Owners Association are not facts, but in separate documents. Most states require potential purchases have the opportunity to review these documents within a specified period. Make sure you do.

Covenants, Conditions and Restrictions: It is a set of rules and regulations that restrict who can do what, when and how and under what conditions. Fencing, colors of the house, yard art, signs, noise, pets … There are thousands of things that can be restricted by CC & Rs. Simple things like whether or not you can install a clothesline (and neighborhoods more and more people are saying no).

Liens: When buying a property, make sure your agent goes to the place where property records are kept in your area and check the title. Unpaid bills often mean that service providers a lien or a lawsuit on his property, which means that they must be paid when property changes hands. It is more common than you think the owners have chosen to extend and improve, and then run into unexpected circumstances in which it sold in a need for work and the bills are not paid.

There are plenty of reasons intentional, unintentional, historical and legal why others may have at least a partial claim on your property. Be sure to do your due diligence before you buy!

CCR’s, Rules and Restrictions on Your Home

Rules – Use Restrictions

HOA, deeds, easements, CCR, easements and other restrictions can be placed on your property.
Understanding that property rights are not always exclusively yours  is crucial before purchase of a home.

While in the home can be the castle, are likely to share the privilege, at least in part, with a variety of other interested parties from access to the rules and regulations, restrictions and outright prohibitions. In addition to local, county or parish, state and federal laws, there are zoning laws that impose limitations on what can be done with your property as well as when and how.

This article is not a substitute for good advice, local legal, but must provide at least a few things to consider if you are a new buyer or have not bought in years.

Facts: Most people have never read the writing on a potential home before buying. Some restrictions, if any, shall be specified in this fact, and must be made available to the broker, through its agent, buyer or get the same in the local municipality.

Assessor / Surveyor Findings: Often, when a property changes hands the issues and problems convey. Say a buyer purchased a property in which the neighbors, for 50 years – built a garage for 2 meters above the property line on the property a buyer. Because the seller had been in the house all the time, the issue of building permits, zoning, etc, it was not until 50 years ago, so nobody knew. The new writing had to reflect the invasion.

Rights of way and easements: many works of urban and suburban plots of land are related to access and gives the necessary utilities. The ability to dig, work, and repair lines that pass over your property are essential. Similarly, in most cities and towns, the local owner of a portion of the edge of his property to use another utility to trim trees of telephone lines, etc. Also, many plots of land near lakes, streams and the likes have traveled pedestrian rights of way has been granted for generations, or certain individuals or families in the locality. Read the script. Always.

HOA: Home Owner Associations are not new, but they are certainly becoming more popular as people try to control the actions of their neighbors, have the group’s money together to pay for common interests and the like. HOA often referred to in the facts, but the details of the Owners Association are not facts, but in separate documents. Most states require potential purchases have the opportunity to review these documents within a specified period. Make sure you do.

Covenants, Conditions and Restrictions: It is a set of rules and regulations that restrict who can do what, when and how and under what conditions. Fencing, colors of the house, yard art, signs, noise, pets … There are thousands of things that can be restricted by CC & Rs. Simple things like whether or not you can install a clothesline (and neighborhoods more and more people are saying no).

Liens: When buying a property, make sure your agent goes to the place where property records are kept in your area and check the title. Unpaid bills often mean that service providers a lien or a lawsuit on his property, which means that they must be paid when property changes hands. It is more common than you think the owners have chosen to extend and improve, and then run into unexpected circumstances in which it sold in a need for work and the bills are not paid.

There are plenty of reasons intentional, unintentional, historical and legal why others may have at least a partial claim on your property. Be sure to do your due diligence before you buy!

Is A Condo Association A Good Fit For You?

The condo association, which is comprised of the homeowners, is responsible for maintenance, operation, and finances of the complex.  A well-run condo association can offer considerable convenience and benefits for owners.  On the contrary, a poorly run condo association can create headaches, hassles, and hardships. You can expect to pay monthly condo association fees or dues that cover operating costs of the complex.  Those fees can be steep depending on the amenities offered.  You can also expect the association to make and enforce condo rules and enforcements that are designed to maintain a harmonious look and feel of the complex.  Some condo associations have lots of rules.  Others have few rules.  Some rules are reasonable, and still others can be intrusive.  Rules govern everything from your number of parking spaces to restrictions on visitors.  As an owner, you are required to abide by all of the rules whether you like them or not.

Before You Buy
A few general rules of thumb when considering a condo purchase are:

• Meet the folks who would be your new neighbors.  Find out what they like or do not like about the complex and the condo association.
• Check out the financial solvency of the condo association.  You do not want to find out about financial difficulties and be presented with an unexpected significant fee after you move in.
• Get the facts on owner-occupied versus rental units.  A predominance of rental units can present challenges of its own.
• Learn about the rules.  Read the condo bylaws to gain a clear understanding of how the association is organized and what the rules govern.
• Read the master deed or have an attorney review it.

How to Respond to Homeowner Requests for Documents

Don’t Panic When Homeowners Ask to Inspect Documents!

Atlanta, GA—Homeowners Association and Condominium Owner Association boards are often asked by non-Board members to provide copies of all financial statements and collection reports.  As a Board member, you need to what the Board can and should turn over and what should the board should withhold.  Atlanta Property Management companies see this dilemma arise recurrently, often with the demanding homeowner seeking to sue the Association in order to view or obtain said documents.   If these matters are not handled correctly, you may unwittingly find yourself  with a problem homeowner.

While HOA boards would usually prefer to refuse these document requests, the Covenants typically give homeowners the right to inspect and copy the Association’s records.  Another question that arises under this predicament pertains to which documents that the Association must have readily available to their homeowners.

For the benefit of Association boards, however, there are a few boundaries that can be legally placed upon document requests.

First, the Association should require that all requests be submitted in writing and include a short explanation as to the purpose of the request. This simple hurdle may dissuade owners from making frivolous requests, or then pursuing them extensively.  The request should be submitted at least ten days before they need the documents.   The management company may need additional time to locate older documents if they’re in storage.

Second, the community manager for the management company should contact the homeowner and set up a time during normal business hours to review the documents.  They can view original documents at no charge.  If they want copies of pages from the original documents, have them make a list or mark the pages they want with a paper clip or sticky note.  They should be charged per page for copying. They may also want copies of documents mailed to them, so bill them for copying each page and mailing.

Third, the community manager should not produce any confidential documents or other  sensitive information, such as personnel files, owners’ ledgers or legal files. Furthermore, communications between the Association and its attorney should never be open to the public; by disclosing attorney-client communications–even when the communications do not seem particularly sensitive–the Association may inadvertently waive attorney-client privilege.  This protects the association and the resident from liability. The exception is requesting documents about themselves.

Once you understand what documents need to be made available for inspection and copying and what should not be produced, responding to requests for documents can be handled quickly and efficiently.

Riverside Property Management is a Homeowners and Condominium Association management company management company proudly serving Roswell, Alpharetta, Buckhead, Marietta and all of North Georgia. Riverside is also an expert Georgia association management company and high rise Atlanta association management company. To find out more about Riverside Property Management and why it is one of Georgia’s fastest growing property management companies, go to www.riversidepropertymgt.com. You’ll be glad you did. KUR926RCPCBM