[A/S] Neighborhood restrictions

[Pam Lunn <pam@xxxxxxxxxxxx>]

Don't be too complacent about your neighborhood restrictions.  I don't know Texas law but 
in Florida the restrictions automatically renew at the end of their terms.  Ours just 
renewed at the end of the 20 year term but are not enforced but still on the books.  I 
live in an equestrian community of 1 acre + lots.  The dream of the developer was to 
provide a community where people would be able to keep their horses in their back yard.  
We have trails along a creek and it is a wonderful secluded community in which to ride.  
County code allows for three hooved mammals per acre.  Around 2000, this community became 
very popular for some folks that came in building 5000 sf houses and taking up much of 
the green space on their lots - we have one going up now that is over 6500 sf (who'd want 
to clean all that and I would never find where I left the broom!!!).  Those folks decided 
they didn't like the rural flavor - although we are zoned AR-1 meaning agricultural land 
that is approved for 1 single family residence per acre - and started trying to enforce 
deed restrictions.  My immediate neighbor claimed it was nice to see the horses on his 
ride home but he didn't want to live next to them!  There were 5 horses in my pasture 
when he broke ground for his house!!!  Go figure!

In our little 150 house community it pitted neighbor against neighbor.  To top it all 
off, the developer made the 250 acre community into 5 units as he developed and each unit 
had their unique deed restrictions.  Unit 1 was allowed any grazing animal (read that as 
a cow!) and some units were limited to two horses per lot (even if you owned three acres 
it was considered one lot).  When they jumped on me for too many horses (I own 2.5 acres 
and legally can have 7 horses per county rules) they stated that because I combined two 
1.25 acre lots into one folio for purposes of building a barn on the second lot, that I 
lost my privilege to have the 7 horses.  NOT!  I ended up spending thousands of dollars 
and going to a Circuit Court judge for a Declaration of Summary Judgement.  

He declared that at that point in time the deed restrictions had not been enforced for 
over 15 years and they were no longer relevant in the community.  One deed restriction 
states you can't have anything larger than a one ton truck but many residents have larger 
trucks to pull their horse trailers.  While the restrictions did roll over and renew - on 
paper - they would only be enforceable if new deed restrictions relevant to this day and 
time were accepted by the community and that take an 80% vote.  Trying to get 80% of our 
busy families to stop and vote and agree on what the new deed restrictions would be is 
next to impossible so we look to County Code Enforcement if there should be any problems.  
The Board has agreed that there are higher priority items on the agenda and they just 
don't discuss deed restrictions anymore!  So far there has been nothing that has been a 
nuisance - this community keeps their lawns cut, trash picked up and maybe a house needs 
painted every now and then, it isn't enough to get upset!

Be aware of your deed restrictions as many prohibit RVs or boats or - get this one, in 
our community, of all things, horse trailers were not to be seen from the road.  It must 
be defined which road if you are on a corner or if your camper can be seen from a road 
that travels behind your property.  The Condo Commandos really try to pull out their aces 
when they start the problems so you have to be cautious!!!

Pam in Tampa