Real estate question: Covenants in non-HOA neighborhoods?

[Martinjmpr]

Dumb question, maybe but here goes: Assuming a neighborhood does NOT have an HOA, do any covenants need to be listed on the deed or other document? I understand that if you have an HOA then the deed or contract can simply state "covenants as described in the HOA agreement" but it seems to me that in a non-HOA neighborhood any covenants on the property would have to be disclosed in the contract or deed, am I right? A covenant, after all, is a contract.

Understand, I'm specifically talking about covenants, not city or county ordinances - I understand those don't need to be disclosed (because everyone is presumed to know the law.)

We are looking for a new house - found a nice one in a HOA neighborhood, so that one got scratched off the list. [Rant2] We're assuming that most of the newer ("newer" for us being about 1968 or newer) neighborhoods have covenants, but not necessarily HOAs. I'm just trying to figure out if I can look up a neighborhood covenant in a non-HOA neighborhood but I don't know if it would be something that is published on the web or if it would be on the deed.

[spqrzilla]

Covenants would have to be recorded against the property, such that searching the chain of title would reveal them, to be enforceable against a buyer. But they do not have to be specifically mentioned in the deed conveying the property at sale. A Title report should reveal any such covenants or restrictions.

If a seller did not disclose covenants, and your real estate contract did require such disclosures ( the standard Colorado Real Estate Commission has such a provision, don't let a moron real estate agent remove the clause and the schedule date for such disclosures ), then you may have an action after the sale for the negligent misrepresentation but such a cause of action is an expensive matter to litigate after a sale. Make specific requirements part of the sale contract.

The reality is that a covenant on a development that has no HOA means that there is no specific organization with the task of enforcing it. For it to be enforced, one or more of your neighbors would have to hire an attorney with their own funds. The evil of an HOA is that the busy bodies on the board use everyone's money to litigate.

[TheGrey]

I think that yes, they must disclose it. When we bought our house in 2009, I sidestepped the whole iffy issue by asking both the real estate agent and the neighbors about HOA and neighborhood covenants. When I found out there were covenants, I requested a copy before even considering buying the house. The covenants for our particular neighborhood were pretty common-sense (no junkpiles in the front yard, particular easements, etc) and acceptable.

[BushMasterBoy]

Declaration of Covenants should be registered with the county of such said property.