by Judith I. Johannsen

When you decide to buy a home, how do you know which property is right for you? It helps if you know not only what you require, what you can afford, and what you want, but also what you can live with.

The obvious factors that typically contribute to a buyer’s decision to purchase a home include location, type of housing (single-family home vs. condominium), architectural style, floor plan, lot size, and price. However, there is one more thing to consider that is not so obvious: whether or not the property is subject to a Declaration of Covenants and Restrictions.

A Declaration of Covenants and Restrictions is a document filed on the land records that lists the rules attached to the use of the property. Covenants and restrictions are commonly used by developers of subdivisions and planned communities to protect, preserve, and foster the quality, character, desirability, and integrity of the neighborhood. Covenants and restrictions typically address structural issues like minimum square footage, maximum number of stories, and building materials, but often also include restrictions on fences, lampposts, swing sets, antennae/satellite dishes, parking, and storage.

Why do you care if you are buying a home that is subject to covenants and restrictions? If you are a home buyer who wants to live in a neighborhood of brightly colored houses of varied styles, use an outdoor clothesline, and park three cars and a large motor home in the driveway, you will want to carefully consider living in a neighborhood for which the covenants and restrictions require houses to be architecturally similar, of subtle colors and natural materials, and where clotheslines and motor homes parked in driveways are prohibited.

Not abiding by the covenants and restrictions can have consequences. Recently, a court ruled in favor of the homeowners of a residential subdivision of new homes and against one homeowner who installed vinyl siding on his newly built home, despite their knowledge that the Declaration of Covenants and Restrictions prohibited vinyl siding. The court held that since the declaration instituted restrictive covenants throughout the subdivision pursuant to a general development scheme, each purchaser had the equitable right to rely on the uniform development plan being carried out. The court ruled in this case that to require the owner to remove the vinyl siding and replace it with materials permitted under the restrictions was neither inequitable nor disproportionate.

How will you know for sure if the home you are interested in purchasing is subject to restrictive covenants? Ask the developer, ask the seller, check the land records for the Declaration of Covenants and Restrictions, check the deed of the present owner, and ask the Realtor®.

As was seen in the case mentioned above, covenants and restrictions do not by themselves make a subdivision great; the property owners abiding by and enforcing them do. If you are a prospective home buyer seeking reassurance that the quality of the homes and the neighborhood will continue, finding property subject to covenants and restrictions could be a very good thing.

Judith I. Johannsen is Assistant Counsel for the Connecticut Association of REALTORS®, Inc.

Connecticut Association of REALTORS®, Inc. is Connecticut’s largest professional trade association, representing over 18,000 real estate professionals engaged in all aspects of the real estate business. Founded in 1920, the Connecticut Association of REALTORS®, Inc. is dedicated to enhancing the ability of its members to conduct their business successfully while maintaining the preservation of private property rights. Use of the term “REALTOR®” is exclusive to the members of the REALTOR® Association and signifies allegiance to a strict Code of Ethics.