Deed Restrictions with No Active Homeowner's Association
1 Reply
Karen Armour
Vendor from Houston, Texas
posted almost 2 years ago
I am looking to purchase a property to operate a bed and breakfast and small event venue. It is a small acreage in a neighborhood with deed restrictions against operating a business out of your home. There has not been an active home owners association for greater than 25 years. Many of the deed restrictions, property set back lines. etc. have been violated. Are the deed restrictions still valid if there is no one to enforce them? If this became a problem, what would have to happen to close me down? Keep in mind, I would be a very conscientious neighbor and would be very careful not to be respectful to my neighbors peace and quiet and the enjoyment of their homes and property. P;ease advise.
Justin Frye
from Newton, NC
replied almost 2 years ago
I bought my personal residence and then found out later that their were old deed restrictions and ancient HOA just like you stated. I was told that the local entity would basically have to take you to court to try and enforce anything but that would never even be an issue as long as nobody ever complained. I would say that if you could get the permits or zoning for the B&B that you would be fine. However your state and jurisdiction may be completely different than mine so do not take this as legal advice or counsel.