Highway6 Posted September 30, 2009 Share Posted September 30, 2009 (edited) So.. if I search for deed restrictions on House A in a subdivision only to find out there are none for that property.. That would tell me that the deed restrictions for that subdivision as a whole are no longer active... but it doesn't eliminate the possibility that there are properties in that subdivision that are still deed restricted ?Then if i did a search for the deed restrictions on House B in the same subdivision and found restrictions... This would tell me what the deed restrictions are not only for that house, but also tells me what the level of restrictions were for the neighborhood as a whole when the deed restrictions were active... and probably also tells me the minimum level of restrictions for other properties in the subdivision that have chosen to stay restricted ?Is that right or am I still not understanding deed restrictions ??I going about this under the assumption that one day i would like to find a vacant lot and design my own home... knowing the baseline restrictions on a subdivision would be useful to know if there are certain neighborhoods that are off-limits and would be a waste of time looking say if like the sharpstown example I gave yesterday that seemed highly restrictive and have a 50% masonry requirement. Edited September 30, 2009 by Highway6 Quote Link to comment Share on other sites More sharing options...
musicman Posted September 30, 2009 Share Posted September 30, 2009 (edited) So.. if I search for deed restrictions on House A in a subdivision only to find out there are none for that property.. That would tell me that the deed restrictions for that subdivision as a whole are no longer active... but it doesn't eliminate the possibility that there are properties in that subdivision that are still deed restricted ?The restrictions are filed by neighborhood and can be different within the hood (section by section). One section may still be in effect while another may be expired. If the restrictions for your neighborhood (specifically where your house is located on hcad) have expired, then all houses platted in the same hood have expired. If you have an empty lot next door that is in your same platted neighborhood where the restrictions have expired, they COULD go replat, give itself a new neighborhood name (a 1 house hood) and go file deed restrictions on that property. like i said earlier, i've seen attempts by individuals to try and get out of restrictions by replatting in hoods with existing restrictions but the City will state that existing deed restrictions prevail. To be honest, I've only seen this with empty lots. sometimes you'll see one or two parcels with a different hood name in a hood if you look on hcad maps.Then if i did a search for the deed restrictions on House B in the same subdivision and found restrictions... This would tell me what the deed restrictions are not only for that house, but also tells me what the level of restrictions were for the neighborhood as a whole when the deed restrictions were active if you do a search on house b and find restrictions (which can still be in effect or expired but are still filed at the county level), any other house with the same subdivision name will have the same restrictions. ... and probably also tells me the minimum level of restrictions for other properties in the subdivision that have chosen to stay restricted ?i would say no to because of the "chosen to stay restricted" phrase. you just need to go look up the specific property you are interested in.Is that right or am I still not understanding deed restrictions ??I going about this under the assumption that one day i would like to find a vacant lot and design my own home... knowing the baseline restrictions on a subdivision would be useful to know if there are certain neighborhoods that are off-limits and would be a waste of time looking say if like the sharpstown example I gave yesterday that seemed highly restrictive and have a 50% masonry requirement. looking at the restrictions placed on the property of interest is all you need to do. don't worry about what another piece of property has. Edited September 30, 2009 by musicman Quote Link to comment Share on other sites More sharing options...
Highway6 Posted September 30, 2009 Share Posted September 30, 2009 ok.. thanks, musicman Quote Link to comment Share on other sites More sharing options...
Highway6 Posted September 30, 2009 Share Posted September 30, 2009 (edited) I visited the Eastlawn Civic Association's Web Site. They serve the subdivisions of:Forest Hill, Lawndale Estates, Marlo Place, Mason Park Addition, Mason Park Terrace.On their website, they have an entire page dedicated to Permitting and Architectural Restrictions.They layout the process for getting new construction reviewed by their Architectural Design Committee to make sure adherence to the deed restrictions are met. They don't of course have a link to what restrictions are in those deed restrictions.TheEast Lawndale homeowners contemplating remodeling or new constructionactivities are encouraged to contact the ELCA’s Architecturalcommittee. The review process consists of two parts, (1) the review ofconstruction drawings and (2) two separate site inspections. Uponreceipt of a completed application, the drawings are reviewed forcompliance with the deed restrictions our community.So my question. Is it to be assumed that all 5 neighborhoods have active deed restrictions. Not just here, but in the case where there are civic associations that rule over several neighborhoods... Do they customize their architectural review process depending on which neighborhood is in question, or do they have one standard that they impose over all.. and if so, can they being ignored if the they impose restrictions that are greater than those actually in the deed restrictions ? Also.. i found 2 properties for sale on HAR in the civic association's domain that say there are No restrictions on the property. I don't know if that was wrong information or if one of the neighborhoods they cover no longer has deed restrictions.. but if it is correct, then what authority would the Civic Association and their review committee have if i snatched up that property and built a house completely out of character from the rest of the neighborhood ? Edited September 30, 2009 by Highway6 Quote Link to comment Share on other sites More sharing options...
musicman Posted October 1, 2009 Share Posted October 1, 2009 I visited the Eastlawn Civic Association's Web Site. They serve the subdivisions of:Forest Hill, Lawndale Estates, Marlo Place, Mason Park Addition, Mason Park Terrace.On their website, they have an entire page dedicated to Permitting and Architectural Restrictions.They layout the process for getting new construction reviewed by their Architectural Design Committee to make sure adherence to the deed restrictions are met. They don't of course have a link to what restrictions are in those deed restrictions.TheEast Lawndale homeowners contemplating remodeling or new constructionactivities are encouraged to contact the ELCA’s Architecturalcommittee. The review process consists of two parts, (1) the review ofconstruction drawings and (2) two separate site inspections. Uponreceipt of a completed application, the drawings are reviewed forcompliance with the deed restrictions our community.So my question. Is it to be assumed that all 5 neighborhoods have active deed restrictions. Not just here, but in the case where there are civic associations that rule over several neighborhoods... Do they customize their architectural review process depending on which neighborhood is in question, or do they have one standard that they impose over all.. and if so, can they being ignored if the they impose restrictions that are greater than those actually in the deed restrictions ? they should only comment only items in the actual restrictions. to be honest, the permit department rarely insists that the plans be reviewed by an architectural committee. to me it benefits the owner to get their plans reviewed to make sure there aren't any major violations such as using the wrong setback. I know one builder who went and got a permit, had foundation poured (in violation of deed restrictions) and now currently has a stop work permit on the property until the violation is corrected. Also.. i found 2 properties for sale on HAR in the civic association's domain that say there are No restrictions on the property. I don't know if that was wrong information or if one of the neighborhoods they cover no longer has deed restrictions.. but if it is correct, then what authority would the Civic Association and their review committee have if i snatched up that property and built a house completely out of character from the rest of the neighborhood ?using HAR to base any legal issues you have is ridiculous. it is your responsibility to determine what, if any restrictions are placed on the property. as for building a house "out of character", most restrictions in neighborhoods like these don't specify what style a house can be built in. Quote Link to comment Share on other sites More sharing options...
Highway6 Posted October 1, 2009 Share Posted October 1, 2009 (edited) using HAR to base any legal issues you have is ridiculous. it is your responsibility to determine what, if any restrictions are placed on the property. as for building a house "out of character", most restrictions in neighborhoods like these don't specify what style a house can be built in. HAR was just a means by which i could bring up the scenario i wanted.And yes.. i agree its my responsibility to see what specific restrictions are placed on a specific property... but the thing is, I dont have a specific property in mind, nor if i did would that be very helpful at this time since im not looking to buy right now. I'm just trying to gain a broad understanding of deed restrictions in general and get a sense for which neighborhoods have restrictions beyond the minimum requirements.If the only purpose of this particular review committee is to double check for you that you arent encroaching on setbacks.. then cool. However, considering any new build has to go get a permit, I dont think its the role of a Review Commitee to just facilitate a new property owner in the permitting process. The ELCA website, one of the things it mentions you must submit to the Arch review committee is "Building elevations describing the exterior materials" and "Sections describing the building height". Sounds like they arent just interested in helping you obey the city building code and follow setback requirments.Houston Heights says on the Deed Restriction page of their website that their purpose is to "preserve the residential integrity of their neighborhood"So can you please define "neighborhoods like these". Do you mean all the older neighborhoods of East End? I realize a neighborhood founded in the 20's isn't going to have Sienna Plantation type deed restrictions where you can choose from 2 kinds of brick, 3 paint colors, and your fence must be between 6'3 and 6'6 high.But, i was also surprised to see an old neighborhood like this have any sort of arch review committee.. and between their "elevation and material" requirements combined with the Heights stated goal of preserving their neighborhood... its obvious that some of the "neighborhoods like these" do care what "style" of home you put up and might not allow an architecturally designed home that doesnt match every other house on the block.I'm just trying to learn at the neighborhood level, for each neighborhood in the area, what can't be done.. as well as understand how a multi-subdivision civic association arch review committee has any power. Edited October 1, 2009 by Highway6 Quote Link to comment Share on other sites More sharing options...
musicman Posted October 1, 2009 Share Posted October 1, 2009 (edited) HAR was just a means by which i could bring up the scenario i wanted.And yes.. i agree its my responsibility to see what specific restrictions are placed on a specific property... but the thing is, I dont have a specific property in mind, nor if i did would that be very helpful at this time since im not looking to buy right now. OK i won't respond to fake scenarios anymore.I'm just trying to gain a broad understanding of deed restrictions in general and get a sense for which neighborhoods have restrictions beyond the minimum requirements. there is no sense for which neighborhoods have restrictions. they either exist or they don't.If the only purpose of this particular review committee is to double check for you that you arent encroaching on setbacks.. then cool. However, considering any new build has to go get a permit, I dont think its the role of a Review Commitee to just facilitate a new property owner in the permitting process. The ELCA website, one of the things it mentions you must submit to the Arch review committee is "Building elevations describing the exterior materials" and "Sections describing the building height". Sounds like they arent just interested in helping you obey the city building code and follow setback requirments.again, setbacks are part of most deed restrictions. types of exterior materials and building height can also be part of deed restrictions. what color paint you can use might also be there. each set of deed restrictions is different!! like i said earlier, the architectural committees can be valuable and save you hassle. remember eventually, YOU will be the property owner, so you should research to know what you're getting into. ignorance is no excuse. Houston Heights says on the Deed Restriction page of their website that their purpose is to "preserve the residential integrity of their neighborhood"I won't even go here. everyone here has an opinion on how this is working.So can you please define "neighborhoods like these". I realize a neighborhood founded in the 20's isn't going to have Sienna Plantation type deed restrictions where you can choose from 2 kinds of brick, 3 paint colors, and your fence must be between 6'3 and 6'6 high.sounds like you understood.But, i was also surprised to see an old neighborhood like this have any sort of arch review committee.. and between their "elevation and material" requirements combined with the Heights stated goal of preserving their neighborhood... its obvious that some of the "neighborhoods like these" do care what "style" of home you put up and might not allow an architecturally designed home that doesnt match every other house on the block.there's also quite a bit you need to take wtih a grain of salt. there are numerous hoods with architectural review committees that basically have no power and depend on city for enforcement. some deed restrictions specifically mention them and others don't but yet a hood tries their best to make it seem like a mandatory requirement. you can go to the city and get a permit with no problem even though a website makes you think otherwise. BUT if you try and circumvent deed restrictions, i'd have no problem with neighborhood reps turning you in to the legal dept or with the strong arch committees, taking you to court directly. i'll say again, ignorance is no excuse.I'm just trying to learn at the neighborhood level, for each neighborhood in the area, what can't be done.. as well as understand how a multi-subdivision civic association arch review committee has any power. Edited October 1, 2009 by musicman Quote Link to comment Share on other sites More sharing options...
Highway6 Posted October 1, 2009 Share Posted October 1, 2009 (edited) there is no sense for which neighborhoods have restrictions. they either exist or they don't.I dont see it that way. Per neighborhood they eitherA ) dont existB ) exist but arent an issue.C ) exist and are enough of an issue to prohibit building something too unconventional or too different from the neighbors.again, setbacks are part of most deed restrictions.types of exterior materials and building height can also be part ofdeed restrictions. what color paint you can use might also be there.each set of deed restrictions is different!! like i said earlier, thearchitectural committees can be valuable and save you hassle. remembereventually, YOU will be the property owner, so you should research toknow what you're getting into. ignorance is no excuse. Setbacks are part of the city buildng code and existwhether a property has deed restrictions or not. If a property has setback requirements beyond the minimum as set forth in its deed restriction.. then cool.. thats what i would consider a minimalistic deed restriction if thats essentially the only thing covered. ( See B above )Typesof exterior materials, building heights, paint colors... those are things i would consider more restrictive and not a base level deed restriction. ( See C above )You say each set of deed restrictions are different. I get that, but they are not different for every house in the east end.. they are different for every subdivision (or civic association) in the east end so we're not talking that many sets here. I should be able to do a minimum amount of research at the neighborhood level and compile a list of Neighbohood As, Bs, and Cs Im not trying to get around deed restrictions but the level of intimacy between a specific properties deed restrictions and a potential buyer that you demand of me is overkill at this stage. I've already emailed the East Lawndale Arch Review committee asking for a copy of their deed restrictions and any other standard they use. Soon hopefully I will have a copy of the deed restriction and will have more than a sense of whether this is a neighborhood B or C.Thats my only goal here.. find out if and where the overly restrictive neighborhoods exist that when i'm ready to buy property 2 years down the line, I'll know what "lets maintain the integrity" neighborhoods* not to waste my time on. *Not that I'm pro destruction of neighborhood integrity.. I just don't see having a handful of unique properties as a liability to the neighborhood. Edited October 1, 2009 by Highway6 Quote Link to comment Share on other sites More sharing options...
musicman Posted October 1, 2009 Share Posted October 1, 2009 (edited) I dont see it that way. Per neighborhood they eitherA ) dont existB ) exist but arent an issue.C ) exist and are enough of an issue to prohibit building something too unconventional or too different from the neighbors.remember you are the one purchasing the lot, so it is up to you to decide whether the existing restrictions are a problem for your ultimate structure. Setbacks are part of the city buildng code and existwhether a property has deed restrictions or not. If a property has setback requirements beyond the minimum as set forth in its deed restriction.. then cool.. thats what i would consider a minimalistic deed restriction if thats essentially the only thing covered. remember you are the one purchasing the lot, so it is up to you to decide whether the existing restrictions are a problem for your ultimate structure. Typesof exterior materials, building heights, paint colors... those are things i would consider more restrictive and not a base level deed restriction. ( See C above )remember you are the one purchasing the lot, so it is up to you to decide whether the existing restrictions are a problem for your ultimate structure. You say each set of deed restrictions are different. I get that, but they are not different for every house in the east end.. they are different for every subdivision (or civic association) in the east end so we're not talking that many sets here. I should be able to do a minimum amount of research at the neighborhood level and compile a list of Neighbohood As, Bs, and Csi never said they were. as you said earlier, since you don't own any property there's no issue. please by all means do your research for every neighborhood in the east end, the research won't be minimal. Im not trying to get around deed restrictions but the level of intimacy between a specific properties deed restrictions and a potential buyer that you demand of me is overkill at this stage. i agree you're going way overboard for someone who doesn't even have a specific parcel in mind.I've already emailed the East Lawndale Arch Review committee asking for a copy of their deed restrictions and any other standard they use. Soon hopefully I will have a copy of the deed restriction and will have more than a sense of whether this is a neighborhood B or C.Thats my only goal here.. find out if and where the overly restrictive neighborhoods exist that when i'm ready to buy property 2 years down the line, I'll know what "lets maintain the integrity" neighborhoods* not to waste my time on. say hi to elissa for me. i'd say you're wasting your time trying to get deed restrictions for any neighborhood other than any that have land for sale that you may be interested in.*Not that I'm pro destruction of neighborhood integrity.. I just don't see having a handful of unique properties as a liability to the neighborhood.remember most neighborhoods have properties that are considered liabilities. if you have a problem, don't buy there then. you have the choice. Edited October 1, 2009 by musicman Quote Link to comment Share on other sites More sharing options...
Highway6 Posted October 1, 2009 Share Posted October 1, 2009 i never said they were. as you said earlier, since you don't own any property there's no issue. please by all means do your research for every neighborhood in the east end, the research won't be minimal. i agree you're going way overboard for someone who doesn't even have a specific parcel in mind.i'd say you're wasting your time trying to get deed restrictions for any neighborhood other than any that have land for sale that you may be interested in.remember most neighborhoods have properties that are considered liabilities. if you have a problem, don't buy there then. you have the choice.Neighborhood.. If you have rules.. They should be posted for all to see. Why shouldn't it be that simple ?Emailing a civic association and asking for a copy of their deed restrictions wasn't that hard to do.If deed restrictions are public information, they should be more accessible. I should be able to get information at the neighborhood level, not have to find a specific piece of property to dig up information on.Maybe what I figured was possible is not - To be able to go down to a county office with a list of 5 neighborhoods and walk away with 5 deed restrictions.To be able to call them up with a neighborhood name and they, after checking their master list, inform me if deed restrictions exist or not.That would be easy and minimal research. Is it that absurd to think the information should be that accessible? Quote Link to comment Share on other sites More sharing options...
Highway6 Posted October 1, 2009 Share Posted October 1, 2009 (edited) Musicman.. even though we are butting heads here and we are looking at this from two different levels, i do appreciate you input. Does anyone else have a say? Am I that far out in left field in thinking it should be that easy to get this information on say 10 neighborhoods to determine their level of restrictions ? Edited October 1, 2009 by Highway6 Quote Link to comment Share on other sites More sharing options...
musicman Posted October 1, 2009 Share Posted October 1, 2009 (edited) Neighborhood.. If you have rules.. They should be posted for all to see. Why shouldn't it be that simple ?Emailing a civic association and asking for a copy of their deed restrictions wasn't that hard to do.they are all filed at the county so everyone can see. it's that simple. not every neighborhood has a civic association with the resources to provide information at your request. remember, it is a courtesy.If deed restrictions are public information, they should be more accessible. I should be able to get information at the neighborhood level, not have to find a specific piece of property to dig up information on.when you go down to the county to research a property, you don't do it at the neighborhood level, you do it by researching the specific property. if you want the restrictions for that property, the deed will lead you to the proper set of restrictions. the property code defines the process for deed restrictions which clearly states that they need to be filed with the county. there is no requirement for a neighborhood to be able to email them to you.Maybe what I figured was possible is not - To be able to go down to a county office with a list of 5 neighborhoods and walk away with 5 deed restrictions.To be able to call them up with a neighborhood name and they, after checking their master list, inform me if deed restrictions exist or not.That would be easy and minimal research. Is it that absurd to think the information should be that accessible?you can go down to the county and walk away with 5 deed restrictions. but you have to read them to determine whether the restrictions are still in effect. but to determine whether a certain parcel has restrictions, you go look up that parcel. the civic clubs can help you determine this which is why they can be helpful.try calling the county and get back with us. it will be an eyeopening experience for you. and then ask them to email you a copy. all at no charge. as technology has improved, things are getting better but it is still not where you'd like it to be. Edited October 1, 2009 by musicman Quote Link to comment Share on other sites More sharing options...
jm1fd Posted October 1, 2009 Share Posted October 1, 2009 So my question. Is it to be assumed that all 5 neighborhoods have active deed restrictions.No. Depends on the individual property....espescially in ELCA....they've gone around to homeowners through the years, trying to get them to sign up for restrictions on a property by property basis.Also.. i found 2 properties for sale on HAR in the civic association's domain that say there are No restrictions on the property. I don't know if that was wrong information or if one of the neighborhoods they cover no longer has deed restrictions.. but if it is correct, then what authority would the Civic Association and their review committee have if i snatched up that property and built a house completely out of character from the rest of the neighborhood ?No restrictions on the parcel, then they have no authority. Simple as that. Quote Link to comment Share on other sites More sharing options...
rio Posted April 12, 2011 Share Posted April 12, 2011 Extremely glad to have you join the crowd! Hopefully most of the home still has original tiles, arched entry from living to dining room, mantle and lights fixtures? We knew or still know many of the long time residents and I always noticed when visiting their homes that almost all the homes in this specific area had very similar motifs, etc. In fact almost each home had a garage apt in back that resembled the house. You may still find the rear of the yard still has those very old wire fences? Those were placed throughout this hood and are quite hellish to remove but it can be done with patience. Notice that most still have the original 2 tire lane drive ways! I thought that was so unusual we 1st moved in eons ago. Imagine how the old (now antique) cars had to maneuver going up and then reverse? Whoa! Anyway hope your not too close to that pesky train track otherwsie you made a fantastic choice! Buona notte Quote Link to comment Share on other sites More sharing options...
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