Changing subdivision convenants

[dmartin88]

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.


Brian

I'd expect the process to change the covenants would be included along with the enforcement and penalty clauses but maybe there really isn't much to worry about? Guess the good news is there won't be much anyone can do if you do hunt but not much you can do either if your neighbor decides to ignore other covenants that might bother you later?

 

[riptides]

Virginia has some pretty good rules to follow on HOA's and covenants on one of its government web sites.

But before you go there, are there any by-laws specific to your HOA or sub-division. If the developer is still active (you stated some lots are not yet built) then perhaps they (the developer) still can make the rules. There should be something in your covenants or by-laws that came with your home owner package, provided at settlement, that may explain who actually can make the rules.

Once the rules are made, then it is up to the HOA, homeowners or a percentage thereof to make them into a bylaw or covenant. Again, this should have been given to you at settlement.

On another side -

what is the penalty for "no hunting"?

what is "hunting" defined as?

You can claim, pest control. Seriously.

-Mike Z.

 

[thatguy]

Thanks for all the feedback.. There are no penalties listed in the covenants - And Im starting to think "its better to ask for forgiveness than to ask for permission" If I try to get them changed and cant, it seems worse if i hunt and get caught.

To my knowledge - the only time the developer got involved in a covenant dispute was someone put up fence that a neighbor complained on.

thanks

Brian

 

[Harvster]

Check into your state's nuisance wildlife law. If you have deer eating your gardens, trees, flowers etc., you may be able to cull one or two. And, I don't think it would be considered hunting. You may need a permit or something from the DNR or equivalent but the end result would be the same.