Restrictive Covenants
Restrictive covenants are deed restrictions that apply to property located within a specific development. Restrictions give the development a more standard appearance because they control the types of homes built there and some of the activities that take place within its boundaries. Restrictions are usually written by an attorney who works for the developer and who uses the developer's goals for the property to draft the wording.
When they are enforced, restrictions help protect property values. They nearly always stipulate the minimum size of residences allowed within the development, how many homes may be built on one lot, and what type of construction the homes must — or must not — be.
The following topics are usually outlined in restrictive covenants:
Setbacks — how far structures must be from streets and lot lines
Easements and rights-of-way, such as a pathway for power lines or future road expansion
Assessments owners must pay for road maintenance or other fees
Information that explains how restrictions can be changed or voided
Rules regarding pets and other animals
Rules that regulate in-home businesses and house rentals
Rules that regulate tree-cutting, fencing, and other landscaping issues
In addition to those common rules, you might see clauses that attempt to reduce clutter on lots, or try to create a sense of uniformity by dictating what colors you may paint a home or which materials are banned for use in construction of new homes.
Restrictive covenants have nothing to do with zoning or governmental regulations. Those are both separate issues that you should investigate before making an offer on a property.
If you find a property that you want to place an immediate offer on, but you haven't yet read the restrictive covenants, insert a contingency in the offer that states you can back out of the contract with no penalties after reviewing the restrictions. Place a realistic time limit on your review.
Sometimes additional restrictions are recorded on deeds. Read the seller's deed to verify there are no additional restrictions that will interfere with your planned use of the property.

