Restrictive covenants enforce a standard of uniformity across a development. Your HOA also cant engage in selective enforcement" practices, which is fining you for something that other people who live under your HOAs rules are doing. Article IV, Section 1 is hereby amended to that, as amended, it shall read in its entirety as follows: Section 1. Non-Liability of the Directors and Officers. What is a freehold and what is a leasehold? Restrictive covenants usually happen when somebody selling land wishes to restrict what the buyer can do with it. This is a bomb thats waiting to go off. Please enable Strictly Necessary Cookies first so that we can save your preferences! Assume your design choices will only be between neutral shades if youre looking at a home with a covenant on paint colors. Restrictive covenants are binding conditions written into a property's deeds that determine what the land owner can and cannot do with their property. WHEREAS, Developer owns certain real property in Shelby County, Kentucky, part of which is being developed as a residential subdivision and part of which has been developed as a golf course; WHEREAS, DEVELOPER HAS DECLARED PURSUANT TO A DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS DATED DECEMBER 11, 1989, and of record in Book 260, Page 497 in the office of the Shelby County Kentucky Clerk (the Declaration)_, that all of the property described in Article I, Section 1 thereof, and such additions as may be made pursuant to Article I, Section 2 thereof (the Property), shall be held, sold and conveyed subject to the easements, restrictions, covenants and conditions contained therein, for the purpose of protecting the value and desirability of the Property, which easements, restrictions, covenants and conditions run with the Property and are binding on all parties having any right, title or interest in it, their heirs, successors and assigns, and shall inure to the benefit of each owner. Alternatively you can contact us via e-mail safetyconcerns@persimmonhomes.com. Restrictive covenants are tied to the land. Amendment to Article IV, Section 2. In our 11 year old development many other properties have breached most of the restricted covenants (building, moving fences, erecting satellite dishes, parking commercial vehicles, horse boxes and caravans etc).
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