Windsor Hills

Generally, a landowner has the right to use a property as the owner wishes. In reality, however, there are many limits on an owner’s use of the land.  State statutes and regulations place restrictions on certain environmental issues such as oil tanks or water supplies.  County codes set up requirements on areas such as home businesses, use of streets and structural modifications.  These state and county codes serve as a starting point that all owners must follow.  Individual communities can place more restrictive (but not less restrictive) conditions on use of land in a development through deed restrictions.

Deed restrictions are provisions in a deed that limit the owner's use of the property. The purpose behind deed restrictions is to maintain or enhance the value of properties in a community by controlling use to preserve the character of the neighborhood. Deed restrictions are a contract between the buyer and the seller from which the entire community benefits.

Windsor Hills’ deeds have eight deed restrictions that all residents must follow. (Some of our original owners will note a ninth restriction that was deleted in the 1950’s). The actual language will be found in the owner’s deed (see also the next section, Deed Restrictions For Windsor Hill Subdivision on this web page), but the following is a summary in less “legalese” that will serve as reminder as to our duties as Windsor Hills residents and owners.

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1.    TYPES OF HOMES:   Windsor Hills is a residential  community of single-family homes built at least 40 feet from another home.  There are no other buildings permitted except for one adjacent to the residence that can be used for private automobiles or gardening.

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       BUSINESS USE OF HOME: Most owners cannot operate a business from the home.  Homes can be used for a business only if the residence is within 250 feet of the center of Foulk Road.  [Although the Country Code is less restrictive, the deed restriction still applies.]

2.    FENCES, WALLS & CHANGES TO THE EXTERIOR:  Fences, walls, other structures, or changes to the exterior of a structure are not allowed unless approved in writing by the Windsor Hills Community Association.  To receive approval, the owner must submit written plans and specifications to the WHCA.  The Association has to consider at least three factors: (1) how the plans are suited to the site; (2) how the plans fit in “harmony” with the rest of the neighborhood; and (3) how the house or structure will look to other properties near the house after the changes are made.

3.    DISTANCES FROM OTHER HOUSES:  All houses must be at least 60 feet from the center of any street and at least 20 feet from the end of the owner’s lot.  Any part of a building with a roof is considered part of the building.

4.    OFFENSIVE AND DANGEROUS “THINGS”:  This restriction probibits “noxious, dangerous or offensive things” on any property but does not define those terms.  Of the listed prohibitions, the restrictions show their age in specifically forbidding graveyards, stables, cattle yards, hog pens, fowl  yards, cesspools and outhouses.

5.    PLUMBING INSTALLATIONS:  Any plumbing installation must comply with County Codes and must be sure not to pass surface water or pollutants.

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6.    Deleted

7.    UTILITIES:  There is the right for pipes, cables and any other utility lines to be placed on any property as long as it does not interfere with existing buildings.

8.    LENGTH OF RESTRICTION:  The restrictions are good for ten-year periods and are renewed with the approval and signature of owners of 75% of the “front footage” of the properties. The Association (along with homeowners) has the right to enforce the restrictions and to seek renewal of the restrictions.

9.    FAILURE TO ENFORCE THE RESTRICTIONS:  A restriction can be enforced even though it has not been enforced in the past.  The past failure does not waive the right to enforce it presently or in the future.

 

These deed restrictions are attached to the land and all homeowners must include them in deeds when selling property to a buyer.  These brief descriptions are only an outline of what is required or prohibited.  The actual language of the deed is the truest explanation of the restrictions.

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Enforcement of Deed Restrictions

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It is important to note that the deed restrictions are a covenant (contract) between each and every resident of Windsor Hills. As drafted, it is the residents of Windsor Hills who are the beneficiaries of the deed restrictions and it is the individual residents who are empowered with the authority to enforce the restrictions.  Although the neighborhood association can take steps to rectify a violation, it is specifically contemplated that “any landowner whose land is deleteriously affected by any violation or breach of any restriction” may enforce the deed restrictions against a non-compliant resident.  Because every violation of the Deed Restrictions compromises the character of Windsor Hills, each violation results in lowering the property values of every homeowner.  Therefore, it is in the best interest of each homeowner to prevent violations of the restrictions whether the noncompliant party lives in the house next door or in a house on the next street over.

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What should you do when you notice a deed restriction being violated in the neighborhood?

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1.    Be a friendly neighbor and point out to the individual that he or she may be violating the deed restrictions and should consult with the neighborhood association.  Remind them that the association can take steps to enforce the restriction.  This includes forcing the homeowner to take down the fence, shed, garage, etc., at their own expense.

2.    If the individual continues to violate the restrictions, promptly notify an officer of the neighborhood association.  The association will try to amicably resolve the issue.

3.    Finally, if all else fails, you as a Windsor Hills resident can take legal action on your own to prevent a violation of the restrictions. In special cases, the neighborhood association may even take legal action to prevent the violation.

While enforcing deed restrictions can at times be unpleasant, it is necessary.  The ability of Windsor Hills to retain its character – the reason each of us purchased our home here – is directly tied to the enforcement of the deed restrictions. Each violation is but one step in a process that will ultimately transform Windsor Hills into a neighborhood of fences, sheds and driveways filled with RVs.  One need only drive a few blocks to view neighborhoods that suffer from these types of property value decreasing problems.

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