Architectural Control and RestrictionsArchitectural control restrictions are designed to maintain the aesthetic harmony of the community, and thereby also to protect property values. When a community was first constructed, it likely conveyed a certain look and feel to provide design consistency - which made it easy for the initial developer to market the community to prospective homeowners. Over time, residents will make modifications to the exteriors of their homes - whether necessary or not - such as changing the paint color or roofing materials, and the addition of landscaping, fences, decks and play areas. Without an architectural standard, these gradual changes can easily affect the appearance of the community. Even for condominium owners, they may wish to change the color of their door or paint their balconies a unique color. These gradual changes may be perceived as weakening the spirit of common design and neighborhood aesthetics, which may then affect property values.
Appearance is not only limited to upgrades or changes but also to neglect. Not everyone takes pride in the appearance of their home and yard. Imagine how you would feel to live next door to a home where the grass was not cut and the landscaping consisted of dead bushes, paint that is peeling on the house, and an old trailer with a torn tarp is parked in the street. Architectural control standards help ensure that this situation does not happen with your neighbors, so that your - and their - property values are protected. Deed RestrictionsDeed restrictions are recorded within the governing documents and provide specific common standards of conduct for the entire community. Common examples of deed restrictions include restrictions on the size and number of pets, limitations on parking and types of vehicles, renting of the home, age restriction of residents, business use of the home, and maintaining the appearance of the property. Deed restrictions are not easily changed, and usually require a significant majority vote of the membership to amend. The Board of Directors is charged with enforcing the deed restrictions, and may not ignore or selectively enforce the restrictions. Violations of deed restrictions may result in a temporary suspension of privileges, removal of the violation with associated costs charged to the member, or monetary fines. In addition to the deed restrictions, the governing documents usually grant authority to the Board of Directors to adopt rules and regulations governing the use of the common areas (or common elements, for condominiums). Common examples of rules and regulations include parking limitations and types of vehicles, policing of pets, and use of common area facilities (clubhouse, pool, etc.). The Board may adopt, amend, or remove rules and regulations at its discretion. The Board may not enforce rules and regulations governing your own property unless specifically granted such authority within the governing documents.
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