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Can we require a builder to follow protective covenants?

Can we require a builder to follow protective covenants?

Full question:

There is a new builder in our neighborhood who is not following the protective covenants and subsequently decreasing the value of our existing homes. Do we have recourse? Can we require him to follow the existing covenants legally?

Category: Real Property
Subcategory: Homeowner's Association
Date: 04/07/2025
State: North Carolina

Answer:

When a builder purchases a lot in a subdivision, they are bound by the existing protective covenants, even if they were unaware of them. These restrictions run with the land, meaning they apply to all current and future owners. If the builder violates these covenants, homeowners can take legal action against them and/or the homeowners' association. This involves filing a lawsuit to compel compliance with the covenants and bylaws. It's important to note that these legal actions are private rights, meaning you must pursue them on your own, as no state agency can enforce these rights. You would need to handle the lawsuit yourself and cover your legal costs, including attorney fees and any necessary expert witnesses, like appraisers. If successful, you may be awarded damages for the decrease in property value caused by the builder's actions.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How do you get around a homeowners association?

Getting around a homeowners association (HOA) typically involves understanding the rules and regulations set by the HOA. While you cannot simply ignore them, you can seek modifications or exceptions by petitioning the HOA board. Engaging in open dialogue with the board and other homeowners may help address your concerns. However, any changes must comply with the covenants and bylaws in place. If you believe the HOA is acting unfairly, you may need to consult legal advice to explore your options.

Are HOA covenants legally binding?

Yes, HOA covenants are legally binding. When you purchase property within a community governed by an HOA, you agree to adhere to its rules and restrictions. These covenants run with the land and apply to all current and future owners. If a homeowner or builder violates these covenants, the HOA or affected homeowners can take legal action to enforce compliance.

What does a covenant mean in a neighborhood?

A covenant in a neighborhood is a legally enforceable agreement that restricts how property owners can use their land. These agreements are designed to maintain a certain aesthetic or standard within the community. Covenants can cover various aspects, such as building design, landscaping, and property maintenance. They are typically established by the developer and remain in effect for all property owners within the subdivision.

How binding are HOA covenants?

HOA covenants are very binding. They create obligations for homeowners to comply with specific rules regarding property use and appearance. Failure to adhere to these covenants can result in enforcement actions by the HOA, including fines or legal proceedings. Since these agreements run with the land, they apply to all future owners as well.

Are covenants enforceable after 20 years?

Covenants can remain enforceable after 20 years, but this may depend on the specific terms outlined in the covenant itself. Some covenants may have a specified duration, while others do not. If a covenant does not include a time limit, it may continue to be enforceable indefinitely. However, local laws and specific circumstances can affect enforceability, so it's advisable to consult legal counsel for guidance.

Who usually enforces restrictive covenants in a residential subdivision?

Restrictive covenants in a residential subdivision are typically enforced by the homeowners' association (HOA) or individual homeowners. The HOA is responsible for monitoring compliance with the covenants and can take action against violators. Homeowners also have the right to enforce these covenants, which may involve legal action if necessary. Enforcement is essential to maintaining the community's standards and property values.