Changing subdivision convenants

[thatguy]

Our subdivision (five 20 acres lots, one 7 acre lot, and about ten 2-3 acre lots - so far there are only about 10 homes on these lots) has a 'no hunting' convenant. We have a TON of deer around (we are out in the country) that I would love to hunt with a bow, which could be done safely.

The developer regrets including the no hunting language because he lost sales on some of the larger lots. He said he didnt have a problem with me bow hunting on our property either. Livestock is allowed (but only one person has horses) on the lots bigger than 5 acrs, FWIW.

I realize it may vary by state/county, but does anyone know what it would take to get the convenants modified to allow archery hunting?

Just curious..

Brian

 

[ultrarunner]

I can only speak from my experience in CA... We had to get 100% agreement from property owners to change our covenant unless you can prove the covenant is contrary to public policy or superseded by current law.

If you are serious, it might be worth a visit to the Lawyer that drafted the CC-R's

 

[JDGREEN4ME]

We currently are voting on a change in our covenant right now. The way our's is set up is by mail ballot, it must be notorized and it requires a minimum of 80% of the owners for a change. The 80% is based on the total number of owners not just the total who vote.

 

[WVBill]

We were told by a law firm that here in WV we would need 100% of the homeowners AND the original signers (developer and original landowners) to agree to changes in the covenants. That was almost 10 years ago when the subdivision was just new. There is one homeowner who refuses to sign.

WVBill

 

[hazmat]

I suspect that the "penalty" if any for you hunting is far less expensive than the legal fees required to change the covenenant.

I'd ask your neighbors if they mind if you bow hunt, if they don't mind, happy hunting...

 

[charlz]

Our covenants say right in them what is required to change them. Of course they also say they expire after 10 years and must be renewed... they were signed in like 1975 but everyone in the neighborhood thinks they are still applicable.

 

[WVBill]

Good point on the "penalty".
There is nothing in our convenants about enforcement or penalties.
Although our covenants say things like "each home is allowed only one outbuilding", most of the homeowners have built two, and in my case anyway both were built with County Building Permits.

The "hold-out" who won't sign our proposed changes is holidng out because she wants an enforcement and penalty clause - which the rest of us don't want to put in.

Basically, Covenants without enforcements and penalties are just "guidelines".

WVBill

 

[Jimbrown]

Our covenants say right in them what it takes to change them. A 76% vote or in our case the the original developer can change them at any time as long as he still owns one lot. And if it is like ours I doubt that anyone would care or even see you if you took one by bow in the early morning. Plus the only thing anyone could do is sue you for violating the convenants which it is very unlikely that anyone would do that over a deer or two. Game wardens ect do not enforce convenants, only property owners do.

 

[WTA]

I'd like to see someone tell me I can't hunt on my own property. If I see a prairie dog, skunk, possum or anything else with teeth or claws for digging then war is on. I have horses and bullets are a lot cheaper than broken legs. We have chickens too.

I just can't imagine someone on a farm having to deal with rules like this. 20 acres is a farm to me. If you can't mow it with a push mower it's pretty much a farm.

 

[AlanB]

I'd like to see someone tell me I can't hunt on my own property. If I see a prairie dog, skunk, possum or anything else with teeth or claws for digging then war is on. I have horses and bullets are a lot cheaper than broken legs. We have chickens too.

I just can't imagine someone on a farm having to deal with rules like this. 20 acres is a farm to me. If you can't mow it with a push mower it's pretty much a farm.

But I think the point would be, that you agreed to the covenants when you (they actually I guess) bought the property.

We passed on several locations when looking for property because of the covenants and deed restrictions, I did not have to agree with them, but I did not need to buy the property either.

That said, I had some very long talks with my sister the lawyer about deeds and covenants, and it comes down to things much like laws, it is not that the law exists, but that it is enforced when troubles come up.

If it was I, and I was already there, I would ask around to my neighbors that could possibly be effected and get their take on the matter (which you would need to do to change it anyway) and if nobody had problems, and they were in agreement, I would just go ahead and hunt.