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INTERVIEW WITH DEBORAH ROSS
WHAT IT MEANS
TO LIVE IN A DEED RESTRICTED COMMUNITY
Deborah Ross is a partner
in the law firm of Cornett, Google, Ross and Earle, PA,
and has been counsel to the Arbors Village Association,
Inc. since it’s inception. She had also served the
Transition Team prior to turnover by the developer. Her
law firm represents over 400 property owners and
condominium associations.
We recently asked Ms. Ross the implications of living in
a deed restricted community like the Arbors. The
following is her response:
What does it mean to live in a "deed restricted
community"?
A deed restricted community is created when a person or
entity who owns a large parcel of land records
restrictive covenants that bind all of the property. The
property is then subdivided into lots and sold to
individual owners subject to those restrictions.
What is the legal implication of buying one of those
lots?
Since the restrictions are recorded in the county in
which the property sits, anyone who buys property within
the community is deemed to have "constructive knowledge"
of of those restrictions. What this means, is that even
if owners do not have actual knowledge of the
restrictions or the specific terms thereof, they are
presumed to have knowledge of and to have agreed to
abide by same. In essence, the buyer is legally bound to
abide by the restrictions whether they claim knowledge
of them or not!
Why do people choose to live in a deed restricted
community?
People choose to live in a deed restricted community
because they want the amenities offered by such a
community. Oftentimes such communities offer common
facilities such as clubhouses, swimming pools, tennis
courts, etc. In most cases buyers simply want to live in
a community that is well kept, properly maintained and
aesthetically pleasing. In reality they are simply
looking for some assurance that their property values
are preserved. It’s for all of these advantages, that
the property owners agree to give up some freedom with
regard to how he or she use their property.
What is the role of a community association which
operates a deed restricted community?
The role of a community association, like the Arbors,
which operates a deed restricted community is a double
edged sword. On one hand, the residents expect the
association to take appropriate action to ensure that
all of the individual lots and the common areas are well
maintained and aesthetically pleasing, and to ensure
that other residents abide by the restrictions. On the
other hand, it is oftentimes the same homeowners who are
adverse to taking direction from the association.
How does the Association operate?
The Association operates under the guidance of an
elected Board of Directors, empowered by the covenants
and restrictions to establish rules on behalf of the
membership. Members are bound to follow those rules as
well as the restrictions. Your Design Criteria are a
good example of community rules.
Is the role of a board of directors particularly
complex or difficult?
Yes, the role of the members of a board of directors
which operates a community association can sometimes be
difficult, because the board members must balance their
duty to enforce the deed restrictions and their desire
to live amicably with their neighbors. And…after
all…that may, at times, require them to bring legal
action or levy fines against non-compliant owners who
may be their neighbors.
So what can the residents do to help in the process?
It is the duty of all residents of a deed restricted
community to assist the board of directors not only by
bringing their concerns to the attention of the
association, but to follow its directives as well. They
need to be aware of the rules and abide by them…or…take
an active role in seeking to amend them.
In a nutshell then, what does it mean to live in a
deed restricted community?
When someone lives in a deed restricted community, they
must understand that they give up the unfettered right
to use their property in any way they see fit in
exchange for the benefits of an aesthetically pleasing,
well kept, properly preserved and appropriately managed
community.
Thank you Deborah. We appreciate your counsel and
on-going support for the Arbors.
11-2001
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