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ZONING 101
Homeowners’ Association
(HOA) It is important to understand the
difference between Zoning
HOAs are private associations Regulations, Deed Restrictions
for marketing, managing, and and Homeowners Association
selling homes and lots in a (HOA) Covenants and Restrictions.
subdivision. A HOA grants the Generally, the strictest applies.
For example, if the HOA allows a
developer privileged voting
shed to be located within 5’ of the
rights in governing the lot line, but the Zoning
association until enough requirement is 10’, the Zoning
property units are sold, while requirement applies. Conversely,
the opposite is true.
allowing the developer to
eventually exit financial and The same is true with Deed
legal responsibility of the restrictions. Deed restrictions are
organization. Typically the not as critical today as they were
developer will transfer and they were often implemented
before there were formal Land
ownership of the association
Use controls in place. Deeds will
to the homeowners after show private roads and
selling a predetermined maintenance responsibilities of
number of lots. the lots taking access as well as
easements affecting the property.
Generally any person who Deeds always need to be
wants to buy a property examined.
within the area of a
A Real Estate agent lost his license
Homeowners’ Association because he assured the buyers
must become a member, and that they could construct an 8‐
therefore must obey the foot fence after buying. The HOA
restrictions however, limited
restrictions that often limit the
fence height to 6’. It is important
owner's choices. for a Real Estate Agent to know
exactly what restrictions affect a
Most homeowner associations property. HOA documents are
are incorporated, and are readily available and a look at the
subject to state statutes that deed will quickly show Deed
Restrictions for the property. And
govern non-profit of course Zoning Regulations are
corporations and homeowner public information and staffs are
associations. State oversight of usually readily available to provide
homeowner associations is assistance.
minimal, and it varies from
state to state.
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