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 Oklahoma 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 in the state of Oklahoma. This declaration is typically drafted and enforced by the homeowners' association (HOA) or a governing body appointed by the developers or residents within the subdivision. The purpose of the Oklahoma Amended and Restated Declaration of Covenants, Conditions and Restrictions for Subdivision is to establish a set of guidelines that all residents within the subdivision must adhere to, ensuring the preservation of property values, maintaining a certain standard of living, and creating a harmonious community environment. These declarations are legally binding and serve as the foundation for the subdivision's governance and management. Key elements covered in the Oklahoma Amended and Restated Declaration of Covenants, Conditions and Restrictions for Subdivision may include: 1. Architectural Controls: The declaration typically includes specific guidelines regarding the design, construction, and appearance of homes within the subdivision. This may include restrictions on home size, style, exterior finishes, landscaping, and other architectural elements to maintain the aesthetic appeal and overall character of the community. 2. Use of Property: These declarations often dictate how properties within the subdivision can be used. They may include restrictions on operating home-based businesses, maintaining specific noise levels, or prohibiting certain activities that could be deemed disruptive or detrimental to the neighborhood. 3. Maintenance Responsibilities: The declaration may outline the responsibilities of homeowners and the HOA in terms of property maintenance. It may cover topics such as landscaping, road and sidewalk maintenance, upkeep of common areas, and the payment of fees to support these activities. 4. Amenities and Facilities: Some subdivisions offer shared amenities such as parks, playgrounds, swimming pools, or community centers. The declaration should specify the rules and regulations regarding the use of these facilities by residents, as well as any associated fees or membership requirements. 5. Property Restrictions: The declaration may include restrictions on property use, such as size and placement of additional structures like sheds or fences, installation of satellite dishes, or restrictions on livestock or certain types of pets. Different types of Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision in Oklahoma can include variations based on the specific needs and characteristics of each subdivision. For example, a subdivision near a lake or natural reserve may have additional regulations regarding environmental protection, boating, or fishing activities. Some subdivisions may have age restrictions, allowing only individuals of a certain age group to reside in the community. Each declaration will be unique to its specific subdivision, addressing the particular needs and concerns of its residents and the desired community atmosphere. In summary, the Oklahoma Amended and Restated Declaration of Covenants, Conditions, and Restrictions for Subdivision is a vital legal document that outlines the rules and regulations governing a specific subdivision or community in Oklahoma. It establishes guidelines related to property use, architectural standards, maintenance responsibilities, shared amenities, and other aspects necessary for maintaining a well-functioning and harmonious community.
