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Common Restrictive Covenants and What They Mean

PostAuthorIcon Author: Brian Hunt | PDF Print E-mail

No removal of trees that are “X” inches in diameter-I’ve seen people fined heavily for this and job site’s shut down. The intent is to keep mature growth in a neighborhood and preserve historic landscapes. If there are none in your covenants, you may want to check with the city and county too. In Blythewood SC, a landowner cut all of the trees on their property and was fined by the town.

No manufactured or mobile homes- Pretty self-explanatory but there is usually additional conditions that must be considered. Typically the tongue (the trailer hitch), axle, and wheels must be removed and the curtain wall must be installed. A curtain wall is the perimeter of the home below the structure. Masonry is becoming a standard in our area.

No Modular homes - Yes, there is a huge difference between Modular and Manufactured /Mobile Homes. Similarly, Modular homes are built in a controlled environment but are built to conform to traditional site built homes and usually can not tell the difference if you are driving through a neighborhood.

No unlicensed or inoperative vehicles- If you collect ‘hot rods’ or a ‘shade tree mechanic’ beware of this. The intent is to keep junk cars out of your subdivision.

One home per tract- Even on acreage. This may prohibit you from moving family members onto your property or building an in-law apartment.

No subdividing the property- Commonly used when a developer wants to keep large tracts in tact.

Architectural approval review prior to construction- Make sure that you seek out the neighborhood association ARB (Architectural Review Board) before you even think about closing the property. The last thing that you want is a mortgage payment on a home that you don’t love. Again, have a contingency in your offer for your plans to be reviewed.

Domestic animals allowed but not exceed “X” dogs “Y” cats – This very well may become a factor for pet owners. Some pets aren’t welcome into a traditional neighborhood. If you have over 2 pets read into this and make sure you are safe to bring your animals.

No above ground swimming pools- Summer is hot in South Carolina. This may be an issue in the future if you spend time outdoors.

Usually a percentage of landowners, or the developer can amend these restrictions. Most of the time you will find that restrictions renew after a given number of years. Keep in mind that laws change over the years and that the restrictive covenants must follow all local, county, city, state, and federal laws and must NOT violate RESPA laws. Brian Hunt
 

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