What are Deed Restrictions?
Deed Restrictions are legally binding documents that define restrictions over what a landowner can do on their property. They are intended to preserve the appearance and property values in a neighborhood. The original developers created the Deed Restrictions and filed them with the Fairfield County Auditor before the homes in Park Place were built.
Why should I care about Deed Restrictions?
Your home is one of the biggest investments you will ever make. The appearance of the neighborhood, your home and all of the others around you, affect the resale value of your home. If people don’t keep up the appearance of the neighborhood, your home’s resale value goes down. If you care about the resale value of your home and the appearance of your neighborhood, you should care about Deed Restrictions.
Who do Deed Restrictions apply to?
They apply to everyone who owns property today in Park Place. They will apply to anyone who buys property in the future in Park Place.
What sort of things are covered by Deed Restrictions?
They vary slightly from section to section within Park Place. The most common Deed Restrictions are listed on the other side.
What happens if someone does not follow their Deed Restrictions?
If the person(s) with the complaint is/are members of the Civic Association, they may handle the complaint through the Civic Association. The first step should be to contact the violator about the matter, to resolve the issue amicably. If this is not possible, one or more of their neighbors can file a complaint against the violator in court. The court will require the violator to comply with the Deed Restrictions and reimburse the people who brought them to court for their expenses (usually around $100).
Where can I get a copy of my Deed Restrictions?
The builders and Realtors® should provide copies at all closings. The Civic Association will provide copies to its members on request at no cost. Non-members can go to the Fairfield County Auditor’s Office.
Where can I take questions about my Deed Restrictions?
Anyone with questions can contact the Civic Association or their own personal legal counsel.
What is the role of the Civic Association in Deed Restrictions?
The Civic Association works for the overall benefit of the neighborhood. They did not create the Deed Restrictions. They do not patrol the neighborhood looking for Deed Restriction violations. They will do whatever is necessary to help its members seek resolution of Deed Restriction violations, preferably without going to court.
Land Use – only residential buildings, not more than 2.5 stories high, with attached garages.
Architectural Control – all construction must be consistent with the other homes (Section I requires pre-approval from Civic Association); no metal sheds or barns.
Nuisances – no obnoxious or offensive activity.
Temporary Structures – no temporary trailers, basements, tents, shacks, garages, barns or other outbuildings may be used as a residence.
Building Location – no fences between the house and street, other than along the front porch and step and no more than 3 feet high; no growing field varieties of grains or vegetables; no unsightly growths of weeds or underbrush; no unsightly objects.
Animals – no livestock; household pets are permitted as long as they are not kept for commercial purposes.
Soil Removal – no removal for commercial purposes.
Signs – one professional sign up to one square foot, or one sign up to five square feet to advertise property for sale or rent.
Waste Disposal – no dumping of rubbish; trash; garbage and other waste to be kept in sanitary containers; containers to be kept clean and out of sight.
Vehicles Not In Use – no or motor- driven vehicle to be left upon or in front of the premises more than 30 days in a non-operable condition.
Boat, Trailer and Vehicle Parking and Storage – no truck, trailer, boat, camper, recreational vehicle or commercial vehicle to be parked in front of or upon the premises more than 72 hours in any 30 day period, unless it is inside a garage.
Garage – every property is to have an enclosed garage for at least 2 vehicles.
Antennas – no outside TV, radio, or satellite “dish” antennas.
Grading and Drainage – no changes can be made that alter the grading or drainage plans of the subdivision.
Fencing – no chain link, metal, or plastic fencing.
Swimming Pools – no above ground swimming pools; hot tubs and saunas are permitted.
Clotheslines – only removable umbrella types at the back of the lot are permitted.
Term - the deed restrictions are in effect for the next 30 years (beginning dates vary from 1987 to 1992)
Enforcement – the developer or anyone who owns property may take a violator to court, while a violation is in progress or after one has already occurred.
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mhoffman@remax.net