What constitutes a homeowners covenant?
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What constitutes a homeowners covenant?
When we moved into our house, the selling realtor said there were no covenants. Neighbors have told us otherwise and are threatening to take legal action if we do not remove a camper from our property. We keep up our house and landscaping so it is not that we are letting the property go down. There are no meetings for HOA or POA, no dues are paid and we don’t know who is in charge of the covenants. We only know that three people on the street are trying to enforce these covenants. Can they?
Asked on September 17, 2011 under Real Estate Law, Colorado
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
A "covenant" with respect to real property is a recorded document upon one's property is a restriction or "agreement" requiring the property's owner to do or not do a certain thing with respect to it.
In order to determine whether or not there are recorded "covenants" concerning your home, review the title insurance policy that you received when you purchased it. Any recorded "covenants" should be specifically stated in that document. If so, you then need to go down to the county recorder's office to obtain a copy of the document to review.
If there are recorded "covenants" as to your property, potentially people who are to receive the benefits of such "covenants" could try and enforce them.
If you determine there are "covenants" concerning your property, you should consult with a real estate attorney.
Good luck.
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