Can a deed restricted community be unilaterally changed by the owner of the community to a non-restricted community?

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Can a deed restricted community be unilaterally changed by the owner of the community to a non-restricted community?

We have lived in a deed restricted community for 8 years. Can the owner of the community change it to a non-retricted community without the agreement of the residents and homeowners?

Asked on November 7, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Generally speaking, deed restrictions come with the property and can not be removed or changed by subsequent owners of a property.  But what you are saying is that the original owner or developer of the community has not changed it to an unrestricted community?  And does the change require that he file something as to your home because you signed the contract knowing about and agreeing to the restrictions?  I would seek legal help here.  Did the developer reserve the right to revert the property to unrestricted at the time of the sale?  Do you have the contract?  Have it read by a real estate attorney to see what he or she thinks.  If you bought in to the community with a reliance on the restrictions - say you only wanted to live in a community that had all blue houses - then you may have a case here for a breach of contract.  Good luck. 


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