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Who enforces deed restrictions when there is no HOA?
I was just relocated by the Air Force to Dover and have found a great house in a nice subdivision. However, there’s no HOA. Who enforces deed restrictions where there’s no HOA?
Rachel Rigolino · Updated on
Reviewed by Shannon Martin, Licensed Insurance Agent.
This is a great question. Without an HOA, homeowners are individually responsible for discussing compliance issues with their neighbors.
Try asking your real estate agent to see a copy of the community’s Covenants, Conditions & Restrictions (CC&R) document. This document outlines what homeowners are required to do with their property, such as storing an RV off-site or regularly maintaining a yard.
Deed restrictions do what the title implies: restrict what homeowners can do on their property. Often, these guidelines are compiled in a Covenants Conditions & Restrictions (CC&R) document that is legally binding. When you buy or sell a property with deed restrictions, they are passed on to the new owner (unless an expiration date was attached).
Remember that a violation does not mean your neighbor is breaking any laws. As a result, don’t threaten to call the police. If your neighbor rejects your request to comply, your final step may be to initiate a civil claim against them for breaking the CC&R.
Best of luck on your house hunting!
Now that you’ve found a great house, it’s time to shop for insurance. If you want to save money on home, renters, or
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