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In most cities the
inner city is becoming gentrified. Young professionals are buying homes in the city, getting strict zoning and covenants passed so they will have their investments protected. You can't just "pass" a covenant. Covenants are a burden on the title, just like an easement. They work in brand new suburban developments because the original owner of the land, the developer, draws up the covenants for the "homeowner's association" and passes titles burdened with the covenants to the buyers of individual homes and lots. The title remains burdened as the properties continue to resell. A majority of members in most HOA's can vote to disband the covenant, but nobody can come to an existing property owner of record and say. "We've formed a home owner's association on the other side of the street. We demand that you move your garbage cans from your side yard to the back, take down your basketball hoop, paint the siding one of these six approved colors, and get that boat and trailer out of your driveway......" At least in this neck of the woods, and with out real estate laws in this state, y'are talking through your hat. When zoning changes, existing uses are "grandfathered" in, property owners are not customarily forced to tear down a structure or change the use of a property that predates a zoning change. A zoning change will effect future use. |
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