Understanding Covenants or Easements
A covenant, often termed an easement in real estate parlance, is a stipulation or restriction incorporated into a deed by the owner of a property. It is a legally binding provision that dictates the use, management, and maintenance of property within a community. When a person purchases a property within a homeowner association (HOA), they usually agree to abide by the covenants or easements as set forth by the association.
Covenants often cover a wide range of topics including home design, construction, landscaping, and maintenance standards. They may dictate the color of your house, the type of fencing allowed, or the size and types of vehicles that can be parked in your driveway. They can even regulate less tangible aspects such as noise levels.
It’s important for homeowners to fully understand the covenants associated with their property as they are legally enforceable. Violation of these covenants can lead to legal action by the HOA, including fines and, in extreme cases, forced compliance or an injunction to stop the violation. For example, if a homeowner builds a structure that violates the covenant, the HOA could potentially file a lawsuit to have the structure removed.
Therefore, before buying a property within an HOA, it is essential to read and understand the covenants or easements associated with the property. They have a significant impact on the property’s use and can influence the owner’s enjoyment of their home.
