Flouting deed restrictions, getting an inspector's license
Answers to real estate questions as appearing
in the Houston Chronicle
By george stephens, CRB, AND Charles J. "Chuck" Jacobus, JD
Dear George: I put up a carport. My deed restrictions state that you have to be 30 feet from the front and 5 feet from the side of the property lines. If others have placed carports right on the side property line and mine is 2 feet from the property line, can the homeowners association do anything? Some of the board members have not stayed within the deed restrictions with things they have done. There have been no changes to the deed restrictions which are dated in 1975. I want to tell my homeowners association board I will comply when they have made everyone comply.
Answer: Just because a particular setback or other building restriction is not enforced, does not mean that it cannot be enforced against you at some point in time. On the other hand, the ability of an owners association to enforce deed restrictions might be compromised under a legal theory called laches, among others. Enforcement of deed restrictions is a complicated issue. Just because some aren't enforced doesn't mean that they can't be enforced against you. Every situation is somewhat different, partially because there are defenses to enforcement. In addition to laches, for example, there are waiver and estoppel that may also apply to any given situation. The bottom line is to ask an attorney who is knowledgeable about enforcing deed restrictions before taking any action. You might get the owners association to modify or otherwise change the restrictions, but that type of action would need to comply with Notice provisions and other applicable requirements.
Dear George: I haven't been able to find any information on getting a home inspector's license or certification. Where can I find more information?
Answer: For information regarding home inspection licensure, visit the Web site of the Texas Real Estate Commission and select the Inspector Information tab. Contact some licensed home inspectors in your area to learn more about home inspection in your area.
E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.
George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.
Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.
George and Chuck are co-authors of Texas
Real Estate Brokerage and Law of Agency published by Thomson Publishing.
