Deed restrictions are (as the name implies) Restrictions that have been legally attached to a piece of land, and are documented upon the Deed, itself, which legally limit how a piece of land may be used.

The most important thing to know is that we can’t blame the Board of Directors of the Homeowners Association for our Deed Restrictions. They were PUT IN PLACE BY THE DEVELOPERS and CANNOT BE CHANGED BY THE BOARD. They CAN be changed by a two-thirds vote of the community, but until then they simply are what they are.

The second most important thing to know is that the Board of Homeowners Association is legally obligated to enforce the deed restrictions (especially the ones that involve the potential for injury) as they were written in order to avoid serious consequence for them as individuals and for the community overall.

For those homeowners not happy about the restrictions that apply to them PLEASE do not blame the board, or direct frustrations in their direction, as it is not their doing.

The only CONSTRUCTIVE thing that can be done is to “get active” and work within the community to get a two-thirds consensus to get the changes that a homeowner or group of homeowners thinks that we need. The Board will provide the information and assistance to anyone that wishes to accomplish this kind of action.

All the Board can do is communicate clearly to the community about what those restrictions are and how they apply.

The Legal Basis for the Restrictions : If a homeowner within the community were to read their deed (which is the “Title” to their House and Land), they will see that it specifically states that the use of their land is subject to the covenants and deed restrictions, as defined by the Kensington Courts Community Association governing documents. Those restrictions were “attached” to our land by the developers before they sold that land to any homeowners, and those restrictions were already “bound” to that land when it was purchased by a homeowner. In effect, when we willing bought into this community we “willing accepted” and “agreed to be bound” by those limitations. It’s like a contract that is legally enforceable and cannot be broken, except through the voting mechanism described above.