WHAT SHOULD I DO WHEN I GET A DEED RESTRICTION LETTER?

Fact: Deed restrictions serve as a valuable tool. Indeed, it can be argued that deed restrictions are the MOST valuable tool available to a neighborhood association, to keep property values high in that neighborhood.

Fact: Every homeowner should receive a copy of the Declaration of Covenants, Conditions and Restrictions for Terrace Brook (DCCR or deed restrictions) upon purchase of the home. This 37 page document is printed on legal-sized paper and is probably filed with the other papers you received at closing. A copy of both these documents can be read and/or downloaded and printed from this website.

Our property manager inspects the neighborhood each month and sends letters to residents who appear to be in violation. Here are the steps to take when you receive a deed restriction violation letter from RealManage:

• First, decide whether the violation existed on your property at the time of the inspection. The purpose of the first letter is merely to bring the attention of the homeowner to a possible violation. There are no legal fees or negative repercussions associated with the first letter. The wording of the letter may sound stern, but is a legal formality to allow the association to pursue legal action, if necessary at some future date. No legal action will be taken on the basis of only one letter.
• If the answer is no, then call RealManage toll free at 1-866-473-2573 to correct the mistake. Make sure that RealManage has your correct address in their system. If you can see that your neighbor had the problem and it was incorrectly assigned to your address, be sure to inform RealManage of that fact.
• If the answer is yes, but the violation has since been corrected (you had mulch in your driveway but you have finished spreading it, for instance) then you may ignore the letter - your violation no longer exists. As a courtesy, you may contact the management company to let them know the violation no longer exists. An e-mail would be sufficient.
• If the answer is yes, but the violation is being corrected or will soon be corrected, then you may again ignore the letter - your violation will no longer exist at the time of the next inspection. Again, it would be courteous to notify the management company.
• If the answer is yes, but the violation will not be corrected by the time of the next inspection, a call to RealManage is necessary. Perhaps there are extenuating circumstances that need to be taken into consideration and you will need extra time to address the correction.

If there is no response to these letters, and if the issue is not rectified by the owner, the association has the legal right to seek compliance through the Civil Court system. All costs related to legal enforcement are to be paid by the property owner.

Fact: More communications from our management company are positive rather than negative. In addition to letters of possible deed restriction violations, each month the management company also sends out postcards to those homeowners whose properties look especially nice.

Terrace Brook is a lovely community, and we all appreciate those who help keep it that way!