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  • From: Clansgian AT wmconnect.com
  • To: homestead AT lists.ibiblio.org
  • Subject: Re: [Homestead] Intentional Communities
  • Date: Thu, 21 Jun 2007 14:51:49 EDT



> Imagine sharing the covenants for the community at the Board of
> Supervisor's meetings.

You all have the right idea with the restictive covenants. Understand,
though, that a restrictive covenant is a legally enforceable document and
gives the
property owner very strong standing in court. And they cannot be changed
unless ALL the involved homeowners agree or abandon the restrictions. If you
own
a property that is bound by covenant to 20 others and 19 of those owners want
to change the terms of the covenant, they can't.

I found, much to my surprise, that most people belive that deed restrictions
or restrictive covenants are easily defeated under the bromide that "you
can't
tell a body what to do with his own property." Yes you can. Deed
restrictions are one of the firmest and surest things to enforce and any
individual
property owner may enforce them.

I happen to know a bit about this because my property and the other 11
properties around it are bound by deed restictions and we had to bring suit
once to
enforce them. They were enforced. </HTML>




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