A restrictive covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. When a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded.
Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The California Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision or community within the state of California. These declarations are commonly prepared by developers or homeowners associations to maintain the aesthetics, value, and peaceful coexistence within the subdivision. They typically provide guidelines for the use, maintenance, and improvement of properties within the subdivision, as well as establish restrictions and obligations for the residents. There are several types of California Amended and Restated Declarations of Covenants, Conditions, and Restrictions for Subdivision, each tailored to the specific needs and characteristics of the community. These may include: 1. Residential Subdivision Declarations: These declarations are primarily found in single-family home subdivisions and dictate the standards for the construction, alteration, and use of residential properties, as well as the common areas and amenities within the community. They often cover architectural styles, landscaping guidelines, parking restrictions, and restrictions on the operation of businesses within residential properties. 2. Condominium Declarations: These declarations are specific to condominium buildings or complexes, where individual units are owned by different individuals, while the common areas are jointly owned. They establish regulations concerning unit occupancy, common area maintenance responsibilities, shared facilities such as parking areas or recreational facilities, and restrictions on unit modifications. 3. Planned Unit Development Declarations: These declarations govern planned unit developments (Puds), which typically encompass a mixture of residential housing, commercial areas, and recreational facilities. PUD declarations often provide detailed regulations on land use designations, setback requirements, allowable building heights, and the allocation of maintenance and repair obligations between property owners and the homeowners' association. 4. Senior Community Declarations: These declarations cater to age-restricted senior communities and implement stipulations to ensure compliance with federal and state laws concerning housing for older residents. They often contain age restrictions for residents, rules regarding the provision of senior-oriented amenities, and guidelines for the provision of care services within the community. Regardless of the specific type, the California Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision forms a cornerstone of community governance, aiming to maintain property values, promote harmony, and protect the interests of the residents. It is essential for residents and potential buyers to review and understand these documents before purchasing property within a subdivision to ensure they comply with the established guidelines and restrictions.
