A restrictive covenant may limit the kind of structure that can be placed on the property and may also restrict the use that can be made of the land. When a tract of land is developed for individual lots and homes to be built, it is common to use the same restrictive covenants in all of the deeds in order to cause uniform restrictions and patterns on the property. For example, the developer may provide that no home may be built under a certain number of square feet. Any person acquiring a lot within the tract will be bound by the restrictions if they are placed in the deed or a prior recorded deed. Also, these restrictive covenants may be placed in a document at the outset of the development entitled "Restrictive Covenants," and list all the restrictive covenants that will apply to the tracts of land being developed. Any subsequent deed can then refer back to the book and page number where these restrictive covenants are recorded.
Any person owning one of the lots in the tract may bring suit against another lot owner to enforce the restrictive covenants. However, restrictive covenants may be deemed abandoned or unenforceable due to estoppel if the restrictive covenants are violated openly for a sufficient period of time for a Court to declare that the restriction has been abandoned.
The Arizona Amended and Restated Declaration of Covenants, Conditions and Restrictions for Subdivision is a legal document that outlines the rules and regulations governing a specific subdivision in Arizona. These covenants are designed to maintain a certain standard of living within the community and protect the rights and property values of homeowners. The amended and restated declaration includes a comprehensive set of guidelines that every homeowner in the subdivision must adhere to. These guidelines cover a wide range of areas, including property use, building requirements, architectural standards, maintenance responsibilities, and more. It is crucial for all residents to understand and comply with these provisions to ensure harmonious living within the subdivision. The purpose of the Arizona Amended and Restated Declaration of Covenants, Conditions and Restrictions is to preserve the aesthetic appeal, property values, and overall quality of life within the subdivision. These rules are meant to prevent any activities or behaviors that could disrupt the peace, tranquility, and character of the community. Some common types of Arizona Amended and Restated Declaration of Covenants, Conditions and Restrictions for Subdivisions may include: 1. Residential Subdivisions: These covenants typically apply to single-family homes within a specific residential development. They may cover aspects such as home design and size restrictions, landscaping guidelines, and limitations on external modifications. 2. Planned Communities: These covenants are often found in larger, master-planned communities that include various types of residential units, such as single-family homes, townhouses, and condominiums. In addition to property-related rules, they may also include provisions concerning the use of shared amenities like parks, pools, and common areas. 3. Age-Restricted Communities: These covenants cater to specific age demographics, usually targeting senior citizens. They may impose restrictions on the minimum age of residents and have specific guidelines for facilities and activities tailored towards older adults. It is important for homeowners to thoroughly review and understand the Arizona Amended and Restated Declaration of Covenants, Conditions and Restrictions for their respective subdivision. Violations of these covenants can result in penalties or legal consequences, so familiarizing oneself with the document is crucial to ensure compliance and a positive living experience within the community.
