Deed Restrictions and Home Owner Associations

There are some people who absolutely do not want to live in an area with an HOA - a Homeowner’s Association.  While the intended effect of an HOA is to preserve property values, some folks feel restricted by the rules and regulations that go along with an HOA.

In the Tucson MLS, there’s a searchable field where I can find homes without a listed HOA fee.  While information there is deemed reliable but not guaranteed, you should always investigate to find out if no HOA really exists.

Also, many properties have deed restrictions.  Deed restrictions can limit the usage of a property, but are not a formal HOA.  When the property was originally built, or a subdivision originally created, the developer can record restrictions against the deed: hence the name, deed restrictions.

If you really want to know what you can or can’t do with a property, you’ve got to examine the deed and any restrictions that may be recorded against the property.  A common example of deed restrictions without an HOA would be something like not parking a boat in the front yard.

It’s a common misconception, that having no stated HOA means you can do anything you want with a property.  It just ain’t so.  You’ve got to check for deed restrictions.

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