Restrictive Covenant With In Maricopa

State:
Multi-State
County:
Maricopa
Control #:
US-00404BG
Format:
Word; 
Rich Text
Instant download

Description

The Restrictive Covenant with in Maricopa is an agreement that establishes covenants, conditions, and restrictions for a residential subdivision, designed to maintain property values and enhance community desirability. This agreement, created by the Homeowners Association, pertains to all properties in the established subdivision and binds property owners to comply with its terms upon purchase. Key features of this form include the requirement for property owners to notify the Association upon ownership transfer, the stipulation on membership in the Association, and the authority of the Association to create additional regulations as needed. The covenant also specifies that it may be amended or terminated with a 75 percent owner consent. Furthermore, it asserts that the provisions are enforceable through legal proceedings. Attorneys, partners, owners, associates, paralegals, and legal assistants will find this form useful for establishing community guidelines, ensuring compliance, and maintaining property values. By utilizing the form, stakeholders can protect the integrity of their community while understanding their rights and responsibilities within the subdivision.
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FAQ

Restrictive covenants are clauses that prevent, prohibit, restrict, or limit the actions of a person or entity named in a contract. Restrictive covenants are common in real estate transactions and apply to everything from the colors you can paint your house to how many tenants can live in a building.

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.

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.

A restrictive covenant is a provision in a real property conveyance that limits the grantee's use of the property.

A restrictive covenant that runs with the land is typically prohibitive in nature, meaning it restricts or limits what a property owner may do with the property. Examples include restrictions such as limitations on building height or prohibition against certain uses (pesticide use, for instance).

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.

Arizona courts have found restrictive covenants to be reasonable and enforceable when they protect some legitimate interest of the employer beyond simply protection from competition.

To transfer ownership of a property to a relative in Arizona, it is necessary to complete and file a legal document known as a deed. The signed deed must then be recorded with the county's land records office where the property resides.

Maricopa County Recorder's Office has two full service offices to record your quitclaim deed. The main office is located in downtown Phoenix. The Southeast office is in Mesa, Arizona.

You will need to record a deed to add a name. The deed will need to contain the complete legal description of the parcel you wish to convey. We recommend you have the deed notarized prior to recording it with the county recorder's office.

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Restrictive Covenant With In Maricopa