NWRed wrote:
I'm not looking to change the HOA, I don't even mind 99% of the rules. I just need some clarification on the legality of a previous owner filing documents with the county listing restrictions that are tied to the title "forever" . This property isn't in a subdivision, its 1.5 acres on a private dead end road with 4 homes. I'm not even sure the covenants on my place are tied to the HOA at this point.
Things like : no llamas allowed on the property , no large breed dogs are allowed, no jet skis are to be visible from the neighboring properties or the road, no music is to be played outside, cannot build or place anything that obstructs the view from the living room windows etc.
Ohhhh, okay...
Sounds more like possibly CCR's (Covenants, Conditions & Restrictions), which are generally a document recorded in the land records of the county, which are sometimes amended, by the person subdividing the parcels and selling them off.
The other option is someone owns multiple parcels, and when they sell one off, they add what's called 'subject tos', which means the buyer takes title, 'subject to' the following things listed on the deed....usually idiosyncratic things like no llamas, music, or bingo parlors....
Depending on the manner these were enacted, you may be able to get them vacated depending on how many properties are involved, and the legitimacy of the original document.
You may want to start with an inquiry to the title company. Your title report should list the origin of these, and most sound archaic, and may not be specific to your property, but was lazily added when the title search was done.