Property owners agree to covenants and conditions establishing the use and enjoyment of their own property for two main reasons:
- First, and most importantly, homeowners want to maintain or enhance their property's value.
- Second, homeowners want to use and enjoy their property without annoyance, distraction, or offensive use by their neighbors that fall short of being actual violation of any existing law.
Covenants vs. Law
Zoning ordinances are limited in what they can control; they cannot control what type of person moves into a neighborhood and/or how he/she will maintain the property. Although it is true that most counties and local governments do have laws protecting residents from unsafe or unhealthy conditions on neighboring property, there is little they can do to prevent clutter, poor appearance, or just "bad taste." These indiscretions can cost a neighboring property thousands of dollars in appraised value, and can also impair home buyers' interest in it, should the owners attempt to move away from the offending property.
What covenants can regulate;
Covenants regulate what property owners in a particular area can or cannot do with their property. When a geographically-restricted group of homeowners are bound by neighborhood covenants, individual homeowners are better insulated from the possibility that one errant homeowner will bring down the value of surrounding properties because of the appearance of his or her house. Covenants ostensibly ensure that a residential area will remain a desirable one to live in; that the properties contained therein will retain their value; and that, in return for some minor sacrifices, homeowners will be able to better enjoy their own properties. Zoning laws can change, leaving residents unprotected from the possibility that a strip mall, convenience store, or other undesirable business may arrive in the area.
Unlawful covenants
In order for covenants to be binding, they must be legal. Other covenants that attempt to restrict otherwise legal rights can always be challenged, but, buyer beware, a homeowners' association is a private one in which buyers voluntarily agree to the covenants.
