Review Your Covenants Before You Move In

If you're moving into a subdivision or condominium that is subject to restrictive covenants, it's in your best interest as a buyer to review the documents and find out more about your new Association before any contracts are signed. One of the first things that needs to be determined is whether the Association is mandatory or voluntary.

In some older neighborhoods, covenants were put into place after people moved in, and in those cases the Association and its obligations may be voluntary. This is true because once you move in and you own title - no one can take away the right to your property (except in some cases, the government), therefore you have the right to decide whether you want to participate or not in the Association.

In cases where the association is mandatory, you should definitely do your homework before signing your contract. Ask your realtor to obtain a copy of the Declaration of Covenants (or Declaration of Condominium), the bylaws, and any rules and regulations that are in place. Additionally, you should find out certain information from the Association. Important items such as how much money the Association has in its reserve, whether any current owners are delinquent on their dues and how much they owe, whether any major work was done recently - or anticipated in near future, and whether they are considering doing a special assessment in near future. In some cases, owners have found out that the Association intends to assess as much as a few thousand dollars in the next few months, so be wary of big expenses which may arise as soon as you move in. If that is the case, you can try to negotiate with your seller as to who bears the burden of that expense.

Once you have determined these factors, you can start your review of the covenants. Regardless of what type of property you are buying, the first item you want to review is the "Use" section. This is the section in which the Association can limit your rights to use your property.

Another section vital to review is the pet section. Many Associations limit the type and number of pets you may have. Non-typical, non-domesticated and exotic animals are prohibited in many covenants. Additionally, the Association often limits the number of pets you are allowed as well. Sometimes the Association will limit the size of the pet or enforce a weight restriction. In some cases, owners unaware of the rules move in with an animal that exceeds the weight and/or size limit, and if another owner complains, that owner must get rid of his pet. This can obviously cause tension between owners and emotional distress for the pet owner. Therefore, if you have a pet that is restricted, you need to consider another home as an option, or talk to the Association to see if a waiver would be available.

Even if a waiver is available, the other owners still may object which can cause problems amongst neighbors. You might also want to check other provisions such as what you can put on your patio, whether or not you can run a business from your home, and any other limitations that might have a determining factor in your decision to purchase. Owners should also review the assessments section and the architectural control section to determine if they are allowed to add something to the exterior of their home such as a fence or outbuilding.

These typically aren't things prospective buyers instinctively think of when in the market for a home, but these are certainly items that will affect your home life if not considered before purchasing. Your realtor can assist you in finding out important factors such as these, so that you make the best decision on a home.

Tina Fountain Realtors, an Atlanta Real Estate company serving the entire metro Atlanta area including Marietta Homes For Sale and Cobb County Homes For Sale.