Home > Uncategorized > Deed Restrictions and the Building Official

Deed Restrictions and the Building Official

September 27th, 2010 Leave a comment Go to comments

Often I get questions about deed restrictions and the role of the building official.  Deed restrictions (also known as restrictive covenants) may prohibit a number of things including the building of certain structures such as fences, swimming pools or sheds on the property of the homeowner.  When such a restriction is disregarded,  the building official  should not get involved unless a code violation has occurred, for example, building without a permit. The proper party to bring an action is the homeowners’ association.  This happened in Horn v. Huffman, a Kentucky case, where the homeowners built a ground pool in violation of the restrictions.  Eventually the association brought a lawsuit to force the owners to remove the pool.  The association won in court.

It is even possible that a building official might have to issue a building permit for something forbidden by the deed restriction if the application is proper.  While the building official may want to bring the applicant’s attention the fact that such a restriction exists, the building permit cannot be withheld based on the deed restriction alone.

Categories: Uncategorized Tags:
  1. Kelly Anbach
    November 3rd, 2010 at 06:23 | #1

    Excellent post Linda.

  1. No trackbacks yet.

To fight spam, please answer this math problem before submitting: * Time limit is exhausted. Please reload CAPTCHA.

Contact Linda: lpiec@sbcglobal.net | 2021 Midwest Road, Suite 200, Oak Brook, IL 60523 | Phone: (630) 655-8783

This blog site is published by and reflects the personal views of Linda Pieczynski, in her individual capacity. It does not necessarily represent the views of her law firm or her clients, and is not sponsored or endorsed by them. The purpose of this blog site is to assist in dissemination of information about legal issues relating to building code enforcement, but no representation is made about the accuracy of the information. The information contained in this blog site is provided only as general information for education purposes, and blog topics may or may not be updated subsequent to their initial posting.

By using this blog site you understand that this information is not provided in the course of an attorney-client relationship and is not intended to constitute legal advice. This blog site should not be used as a substitute for competent legal advice from a licensed attorney in your state. This blog site is not intended to be advertising for legal services and Linda Pieczynski does not wish to represent anyone desiring representation based upon viewing this blog site in a state where this blog site fails to comply with all laws and ethical rules of that state.