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I have lived in non-deed restricted communities and find THOSE communities and neighborhoods to be the "nightmare" communities. The neighborhoods start out nice, but over time people move in who truly DO feel they can do whatever the heck they want. We have lived next to people who raised rabbits in about 15 cages, people who worked on cars as a hobby, complete with engines hanging from trees; people who have dilapidated fences or who have built lean-tos on their properties that they claim are "sheds."
In one neighborhood, there were so many backyard above-ground pools that in the fall, winter and early spring it looked like someone dumped a bunch of over-sized tuna cans into our neighborhoods and scattered them about.
Now we live in a deed restricted community. Ours is in Southwest Jefferson County, and, while not as restrictive as one near Prospect, perhaps, it still has restrictions and covenants that are designed to properly maintain the property values of the neighborhood.
The thing is, if a Homeowners Association is NOT doing what you want or too restrictive, almost ALL CC&Rs (Deed Conditions, Covenants, and Restrictions) have a format for allowing amendments to them.
Our community changed the "No Outbuildings" (meaning sheds or pool houses or playhouses)to allow for sheds and other out buildings that meet a minimum set of requirements. The entire neighborhood changed it as allowed and prescribed in the Association's By-laws.
We also amended our SIGNAGE restriction to allow for security system signs, landscape signs, political signs, and decorative flags. Prior to the change the ONLY signs allowed on a lot were the ones that announced the home for sale.
At one point, one homeowner who had erected an above-ground pool, which is against the CC&Rs (only in-ground pools allowed) tried to get that restriction changed in order to forestall a lawsuit to make him take it down. The neighborhood did not support the change, he removed the pool, and has since moved out.
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