What Are Deed Restrictions?
Real estate deed restrictions are restrictions on the deed that place limitations on the use of the property. Restrictive covenants are an example of deed restrictions. Deed restrictions are usually initiated by the developers – those who determined what the land would be used for, divided the land into plots, and built homes, office buildings, or retail buildings on it. Deed restrictions come with the property and usually can’t be changed or removed by subsequent owners.
Deed restrictions govern more than just the construction of buildings on a property. Restrictive covenants in a residential neighborhood dictate what types of materials fences may be made out of, or establish limits regarding pets, such as how many pets can be kept in a home or the conditions they must be kept in. Covenants often protect the aesthetic appearance of the neighborhood by providing a list of acceptable paint colors for the exterior of the house, regulating tree-cutting and other landscaping issues, or prohibiting the use of the lot for storage of campers, trailers, boats, or cars that don’t run.
Deed restrictions help protect your investment in the property and neighborhood. If your real estate agent, title company or the seller did not offer you a copy of the deed restrictions, check out the MUD website for information on how to request an official copy of your deed restrictions.
The Nature of Deed Restrictions In Rattan Creek
Our neighborhood does NOT have a homogenous set of deed restrictions. Our neighborhood was built out in stages so as each new stage was developed, a new different but similar set of deed restrictions was created for each new section. Generally speaking, as we go north in the neighborhood. the deed restrictions become more strict. In order to retroactively change deed restrictions once they are in place, a simple majority of owners of a section would have to agree to the change in their deed restrictions.
So we are left with at least 23 different sections, each under their own set of deed restrictions. And it can get very confusing. For a very detailed and real life example, we have 2 neighbors who live next door to each other on Dallas Drive. These 2 neighbors, again right next door to each other, happen to live in 2 different sections of our neighborhood. One of the neighbors is allowed to have a boat parked in his driveway. The neighbor right next door to him is not. And these are very enforceable deed restrictions.
Also an important distinction that many people don’t fully understand. The RCNA is a neighborhood association, not a homeowner’s association. If you understand the difference, awesome! If not, here is a wikipedia entry that better explains the role of a neighborhood association. Basically, the RCNA has no power whatsoever to enforce deed restrictions, that is solely a MUD power.
County Ordinances vs Deed Restrictions
On top of deed restrictions, there are also County ordinances that can sometimes be used for situations that are not covered by the deed restrictions. For example, a car sitting in the street for 30 days or more without being moved is considered abandoned and can be towed. Another example is the noise ordinance. Simply call the non-emergency dispatch for your county and that can be resolved – no involvement from the MUD or the RCNA is required.
Where can I find the deed restrictions for Rattan Creek?
The authoritative list of deed restrictions can be found on the MUD website.
How do I file a deed restriction complaint?
Deed restriction violations can be reported anonymously to Sage Management. The submission form can be found here.
What does the process look like?
The normal process for a deed restriction violation starts with someone reporting either via the MUD page online form or via postal mail. We don’t have dedicated people who drive around the neighborhood checking things out. That violation report goes to a company that contracts for the MUD – Sage Management – for review. If it is determined that there is indeed a deed violation, Sage Management will then send a letter with a 30 day notice. They will usually, but not always, send a second letter with another 30 day notice if the problem is not resolved within the first 30 days. After that, the issue gets sent to the MUD’s law firm and legal action is taken.
Note about active enforcement
North Austin MUD #1 does not currently participate in active enforcement of deed restrictions. This means that Sage Management does not drive around the neighborhood and look for violators. Instead, a resident must file a complaint with the MUD before any action can be taken.