Can a deed restricted community be unilaterally changed by the owner of the community to a non-restricted community?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a deed restricted community be unilaterally changed by the owner of the community to a non-restricted community?
We have lived in a deed restricted community for 8 years. Can the owner of the community change it to a non-retricted community without the agreement of the residents and homeowners?
Asked on November 7, 2010 under Real Estate Law, Florida
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Generally speaking, deed restrictions come with the property and can not be removed or changed by subsequent owners of a property. But what you are saying is that the original owner or developer of the community has not changed it to an unrestricted community? And does the change require that he file something as to your home because you signed the contract knowing about and agreeing to the restrictions? I would seek legal help here. Did the developer reserve the right to revert the property to unrestricted at the time of the sale? Do you have the contract? Have it read by a real estate attorney to see what he or she thinks. If you bought in to the community with a reliance on the restrictions - say you only wanted to live in a community that had all blue houses - then you may have a case here for a breach of contract. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.