Deed restrictions are designed to protect property owner’s interest and values.  Some associations have more lenient deed restrictions in order to maintain aesthetics, without restricting the owner too much with what they can do on their property.  Deed restrictions are also designed, in some communities, to encourage uniformity throughout the community.  Either way, the purpose of these restrictions is legally enforceable.  However, some associations developed years ago may be faced with deed restrictions that do not allow them to enforce standards that will keep their community values at their highest in less favorable markets, or are too restrictive and deter future buyers.  This is where, as a board member, it is important that you have due diligence in reviewing your deed restrictions to ensure that they are in keeping with the best interest of the entire community.

From time to time it may be necessary for an HOA to amend their restrictions.  This process requires the association to mail the necessary amendment to the general membership for the majority of the property owners to approve the change.  A notice and meeting of the general membership will need to be held. You will need to refer to your deed restrictions and review the process that you must follow for such a change in your restrictions.   The majority of deed restrictions in some communities are not enforced.  It is up to the board to review the restrictions and make sure that these guidelines are being followed and enforced.  In most cases there is no reason to re-invent the rules, they simply need to enforce and ensure that all owners are aware of their legal obligations to the association.