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LayneR (Texas)
Posts: 1
Posted:
My in-laws were the first to build in a new development. The land belongs to a family who decided to subdivide and make a new neighborhood. My in-laws submitted their plans, which included a 2nd story bonus room and bedrooms and a steep pitched roof to make it possible. The owners/developer rejected the plan because they wanted all ranch style homes like theirs (their home is still in the neighborhood). So my in-laws capitulated and took out the 750+ sq ft and dropped the pitch. Fast forward 10 years. Literally every other house in the neighborhood has a steep pitched roof, and several have 2nd stories - the two things they expressly forbid. Now my in-laws house is the smallest and ugliest in the neighborhood (design-wise), and I guarantee their house would be appraised for more than $100,000 less than the rest of the neighborhood. They are sad, but too nice to complain, but I'm angry. Is there any recourse?
NpS (Pennsylvania)
Posts: 4,216
Posted:
Welcome Layne

Was there a Deed restriction (typically called CC&Rs) filed with the Recorder of Deeds that restricted what style houses could be built?

If there was, a Plat should have been filed along with it. The Plat would have identified which parcels were subject to the restrictions.

Probably can't pursue any claim 10 years later, but that's the first place I would start my investigation.

Sikubali jukumu. Read all posts at your own risk.
MelissaP1 (Alabama)
Posts: 13,836
Posted:
Can not prove anything till the house is sold to prove it sells less. There are many factors in home values. It isbest to have an actual appraisal before assumming the value of the home.

Former HOA President
TimB4 (Tennessee)
Posts: 21,059
Posted:
Quote:
Posted By LayneR on 07/19/2016 3:47 PM
Is there any recourse?

Realistically, no.

As you pointed out this is 10 years later. Perhaps if your inlaws tried later to modify the design, it would have been approved.
Additionally, there is nothing (except perhaps finances) to prevent your inlaws from adding on to the home if this is desired.

If they applied to modify the home and was turned down, then they would likely have grounds to challenge the ruling.
Had they challenged the other homes when they were being built or modified, they may have had grounds to stop those owners from obtaining their desired home (and likely would have made a few enemies by doing so).

However, right now, realistically, the answer would be no. There is no recourse at this point in time.

I know this is likely not what you wanted to hear.
Hope it helps,

Tim
KerryL1 (California)
Posts: 14,550
Posted:
Both NpS & Tim seems to make valid points. Mainly that 10 years s is too late even if the developer wasn't fair to your relatives. And also even if worth less than the others, they spent a lot more to build the extra sq. ft. & 2nd stories.

But think of it this way, the smallest home in a neighborhood, given that its lot is as large and well-locatated as the others, might sell for a lot more than a house of similar size & appearance that's in a neighborhood full of them. A lot of the value is in the land.

Location, location, location.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By LayneR . . . Is there any recourse ?

LayneR Texas : You label your topic "Selective enforcement".

But respectfu;lly can the the variances be shown - and shown with enough specificity within the covenanting document or initial agreement of sale - in breach of some covenanted legal obligation owed by the developer to your in-laws ?

And if so did such even impact them adversely - or "adversely enough" - to trigger compensation ?

Is your topic actually : did the design-vettting - as evolved - let the neighbourhood become MORE VALUABLE than with mere conventional ranch designs ?

Tough enough even where a project starts detached homes & later tolerates semis, multi-units etc which initial buyers claim was not within either a contracted nor reasonable expectation. Even there uncertainty about recourse and against whom - the other homeowners with a possibly lawfully evolved re-definition ?

Suspect your in-laws would face tough analogies like : Ford only had a Falcon to sell me in 1960, which I bought. But If I had waited years and bought and preserved a first edition Mustang or even idiosyncratic Corvair, it would be worth more.

Or : the restaurant where I agreed to buy & BOUGHT & ATE & PAID FOR- a regular hamburger. But now it sells steak. I lost an opportunity. A valid claim.

Or : I used to go out with 'Miss AAAA'. But like Mae West West wrote " started out pure as snow but drifted " . . . and years later now is 'Miss XXX' and I missed out on lots of fun . . .

NpS (Pennsylvania)
Posts: 4,216
Posted:
Quote:
Posted By BobD4 on 07/21/2016 5:55 AM
But like Mae West West wrote " started out pure as snow but drifted " . . .

Great line.

Sikubali jukumu. Read all posts at your own risk.
BobD4 (up north)
Posts: 1,002
Posted:
Quote:
Posted By NpS on 07/21/2016 7:26 AM
Posted By BobD4 on 07/21/2016 5:55 AM " started out pure as snow but drifted " . . .
Great line.

Don't want to risk off-topic but she may not have originated it. "I used to be Snow White, but I drifted"- quoted in her interview in Life magazine (18 April 1969). She appears to have written lots of good stuff like : "Is there a gun in your pocket, or are you just glad to see me ?"

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