KimberlyS3 (North Carolina)
Posts: 1
Posts: 1
Posted:
We have a one street development with sixteen lots that had covenants written in 1991. Each lot is between 3 and 4 acres. All homes in the neighborhood are subject to the covenants except for one. That particular lot was exempt from the covenants when they were written, the reason being at the time, it was not expected a home would ever be built on that lot. The original owner of all of the land and the ones who wrote the covenamts I assume did not anticipate a home would be built on that lot that borders a small pond so for some reason called it out as being exempt.
However, a home was built on the lot and they have decided to build a dirt track in their front yard for their 12 year old child to ride his very loud motor bike. This track is wide enough for a car to go around. They got a front end loader to build it. It has jumps. The child will ride for hours. It is a total eyesore as well, this muddy red clay dirt track. On dry days, it kicks up so much dust we have to keep our garage doors closed. The track is within 3 feet of the next door neigbor's property line and so it would violate the 10 foot right of way, except that they are exempt from the covenants. It's also about 10 feet from the street.
Is there a way to have a property added as subject to the Covenants? This home is very much a part of the neighborhood and yet they can do anything they want right now. The intent of the original land owner was not to have a homeowner be able to singlehandedly reduce property values for the whole street. I am concerned that you can't just add the property as part of the covenants without the owner's consent, which we would never get. And then even if you could, would everything be grandfathered that already existed? My husband seems to think that all we need is a majority of homeowners to vote include that property and then we can get the Covenants ratified.
It just seems bizarre that the entire development has protections to ensure retainment of property values but the one lot that is exempt is the one owner that wants to do things that really take down values. She also has a bunch of junk in her front yard like a little playset that her son when he was two years old played with - 10 years ago.
However, a home was built on the lot and they have decided to build a dirt track in their front yard for their 12 year old child to ride his very loud motor bike. This track is wide enough for a car to go around. They got a front end loader to build it. It has jumps. The child will ride for hours. It is a total eyesore as well, this muddy red clay dirt track. On dry days, it kicks up so much dust we have to keep our garage doors closed. The track is within 3 feet of the next door neigbor's property line and so it would violate the 10 foot right of way, except that they are exempt from the covenants. It's also about 10 feet from the street.
Is there a way to have a property added as subject to the Covenants? This home is very much a part of the neighborhood and yet they can do anything they want right now. The intent of the original land owner was not to have a homeowner be able to singlehandedly reduce property values for the whole street. I am concerned that you can't just add the property as part of the covenants without the owner's consent, which we would never get. And then even if you could, would everything be grandfathered that already existed? My husband seems to think that all we need is a majority of homeowners to vote include that property and then we can get the Covenants ratified.
It just seems bizarre that the entire development has protections to ensure retainment of property values but the one lot that is exempt is the one owner that wants to do things that really take down values. She also has a bunch of junk in her front yard like a little playset that her son when he was two years old played with - 10 years ago.