If you are thinking about purchasing a home in a gated community in the Melbourne area, you might want to look closely at the homeowners association rules. There is the possibility that you might end up with a deed restricted home. Though you probably believe that owning a home gives you the right to do what you want with the property, a deed restriction limits your options.
Many condo and homeowners associations use deed restrictions to maintain a uniform community. Sometimes they are put in place by previous owners. Regardless of how they got there, you should take some time to consider if purchasing a deed restricted home is in your best interest.
Deed restrictions are not always deal breakers
Deed restrictions are not permanent, but they can be challenging to get around. To have a deed restriction removed, you might have to go to court. You will need a copy of the original deed restriction to see if there is an expiration date or invalidation clause. Because removing deed restrictions is often challenging, you should speak to an attorney before you put an offer on the home. Depending on the terms of the covenant, you might be able to ignore some or all portions of the restrictions.
Common reasons for deed restrictions
Deed restrictions serve a variety of purposes. They usually include exclusions regarding building materials, structures, animals, livestock and how you can use the property. When you look at the real estate listings, very rarely will the ads say there are restrictions. To find out if any property you are interested in has a restricted covenant, do a thorough title and deed search. If you see “restricted,” learn the details and do some research to determine how the limitations may affect your intended use of the home.
Regardless of how many times you have purchased property in the past, it is beneficial to work with an attorney. He or she can help you get the dream home you want, on terms that are most advantageous to your situation.