Some of the most common restrictive covenants include: Alterations and extensions to the building. Changes to the use of a property, for example, converting a building into flats or turning a house into business premises. Rent and lease restrictions. Limitations on pets. Limitations on home colour.
The three types of covenants are positive, negative, and financial. Each contains a unique set of requirements and stipulations. Positive and negative covenants are not interchangeable as good or bad but rather refer to what borrowers can or cannot do.
Restrictive Covenants, Explained This restricts how homeowners can manage and modify their land. Examples include restrictions on fence options, the type of animals allowed and the use of outbuildings, such as sheds.
(1) Notwithstanding s. 542.18 and subsection (2), enforcement of contracts that restrict or prohibit competition during or after the term of restrictive covenants, so long as such contracts are reasonable in time, area, and line of business, is not prohibited.
In the United States, employers generally use four types of restrictive covenants: (1) covenants not to compete for a certain period of time following the employee's termination from employment (or following a business transaction such as a sale, merger, etc.); (2) covenants not to solicit customers or clients for a ...
The Enforceability of Non-Compete Agreements in Florida In Florida, non-compete agreements are enforceable under Florida Statute 542.335, provided they are reasonable in terms of time, area, and line of business.
An employee can challenge a restrictive covenant if they believe it is unreasonable or prevents them from finding suitable employment. If the covenant is too broad or not essential to protecting the employer's business, it may be deemed unenforceable by the courts.
In the case of an HOA, restrictive covenants are general rules that members of your HOA vote on that all property owners living in the area must follow. The covenant may include actions you can't take with your property, like raising livestock or running a business from your home.
If a deed restriction is not enforceable, you can choose to ignore it and take on the risk of a neighbor filing suit, or you can seek out a judge's ruling to have the covenant removed from the deed. Obtaining that ruling is easier when no one is actively enforcing the covenant.
The primary remedy for breach of a Restrictive Covenant is a permanent injunction to restrain the breach. However, the courts have jurisdiction to award damages instead of an injunction.