Deed restrictions are clauses on your home's deed that limit how you can use your property. Deed restrictions for Melrose & Inverness at Melrose were adopted at inception of each section of said subdivisions.
Restrictive covenants (sometimes called deed restrictions, covenants, conditions & restrictions) are contractual limits imposed on the use or occupancy of real property. Restrictions may affect a single tract of land or an entire subdivision. These restrictions can substantially limit the use and development of property.
The term deed restriction references restrictions imposed by a Homeowners' Association (HOA). However, DEED RESTRICTIONS also refer to restrictions found in the conveyance instrument, General Warranty Deed, Special Warranty Deed, etc. Developers place restrictions on land to maintain a certain amount of uniformity in a subdivision or development.
Deed Restrictions included in the conveyance will follow the land unless the restriction instrument provides otherwise. This is not conditioned on a formal association. The deed restrictions in the conveyance may not be voted on or amended.
Some restrictions are a form of contractual agreement, and they may be modified. Often the restrictions themselves will provide a mechanism for modification with the consent of a specified percentage of the affected landowners or a designated committee. The restrictions generally have a set time period and automatically renew for another set time period if there has not been a majority or unanimous vote.
A deed restricted community is a development where a homeowners' association (HOA) has restrictions in place that prohibit certain actions. These rules are established & enforced by a private entity (the community HOA), not a local government. The goal of these bylaws is to maintain a neighborhood’s aesthetic and support property values.
Part of the annual fees that are paid to your HOA go towards the enforcement of their deed restrictions. The rules operate much like a “social contract” amongst residents, where each homeowner sacrifices certain uses of their land in order to guarantee the beauty of the neighborhood as a whole.
BENEFITS OF A DEED RESTRICTED COMMUNITY
Deed restricted communities tend to work best when the rules are fair and enforcement is proactive. Deed restrictions can ensure that your neighborhood stays beautiful & prevent property values from falling.
DEED RESTRICTED COMMUNITY RISKS
The most obvious risk of buying a home in a deed restricted community is that the rules could be more oppressive than they are beneficial. This can occur within older communities where the rules were established a long time ago, recently constructed communities tend to have few strict rules. Deed restrictions are not easily changed, so it’s quite likely any strict rules will stay in effect for future owners as well. Since a homeowners association is considered a private entity & not a government agency, they can override certain Constitutional protections. You’re also obligated to pay community HOA fees & can face consequences if you don’t. The HOA can place a lien against your home.
Melrose Subdivision is made up of eight (8) sections including Inverness @ Melrose. ALL eight sections are controlled by the Melrose Homeowners Association of Pickerington, Inc. In addition, Lots 134-138 & 209-216 have additional restrictions which are controlled by the Melrose Lake Association.
Below are links to the "Total Environment" Concept (suggestive) & the Deed Restrictions to all eight sections of Melrose Subdivision including Inverness @ Melrose & the Melrose Lake Association.
If you do not know what specific Lot number you own use the Fairfield County Auditor's website for navigation.
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