Real Estate Trends & Advise - CC&R's, Un-American?

CC&R's, Un-American?
By Jim Palmer Jr.

“Rules, rules, rules!” said one of my clients as he bemoaned the fact that he had to obey the covenants enforced by the home owners association where they live.  “They are nothing but a bunch of covenant Nazi’s!  I can’t do anything without them harassing me!”  This is a typical reaction from someone who probably should have chosen a different place to live, since their ideas about the neighborhood seem to differ greatly from the majority who want to maintain the quality of environment around their home.

I laughed at my brother who recently ranted on social media about how the government is controlling us and that “we have lost our freedoms”.  His homeowners association had refused to allow him to build his fence at a certain height and he was fuming.  While his frustration is understandable, the truth about covenants is that it has absolutely nothing to do with the government!  The government didn’t make the rules in those neighborhoods and they don’t enforce those rules.

Covenants are adopted by developers or groups of neighbors who band together to make rules to ensure that a certain standard is kept in their neighborhood.  They agree to conform to certain rules which are self monitored and self enforced by whatever mechanism they have all previously agreed to.  Since enforcement is a civil matter, the covenants are not imposed or regulated by law enforcement.  The idea that we have the ability to make choices about where and how we live seems to portray what America is all about, instead of the opposite.

Covenants may not allow certain animals such as pigs, goats or geese or may restrict shooting or other nuisance activities.  They may dictate the size, style and even the color of your house.  They may dictate the height of a fence, no junk or no extra cars in the driveway.  These rules are self-imposed, and every owner has the opportunity to review any such covenants prior to a purchase.  Thence, by purchasing in such a restricted environment, they agree to abide by the rules.

When I heard my city-slicker-brother complaining, I told him to stop whining and move to a place where there are no such restrictions, but where he may have to learn to co-habitate with red-neck neighbors such as myself who think nothing of firing off a few rounds of ammo in the middle of the night just because we can.

 

Jim Palmer, Jr.
509-953-1666
www.JimPalmerJr.com

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