Julie-Ann
25-02-2011, 05:12 PM
When you buy a new home or land in a development beware of the possible building covenants the developer may have placed. Make sure you ask what covenants apply to your new home/block. I read this (http://www.couriermail.com.au/news/queensland/covenants-trap-homeowners/story-e6freoof-1225769777598)interesting article where developers had placed some very extreme covenants on their blocks of land. And check if you are buying an existing house in a development if these covenants apply to you.
Check out these crazy covenants:
RESTRICTIVE, and sometimes bizarre, property covenants are making life hell for hundreds of homeowners across the state, an investigation has found.
The Sunday Mail investigation has found the rules prevent homeowners from doing some home renovations, erecting sheds or painting their house a particular colour.
Some of the more unusual covenant restrictions dictate that clothes lines and rubbish bins must be hidden from street view, cars can only be repaired behind a screen and television aerials must be approved by the estate developer.
Neighbours are often the ones who dob in those who attempt to break the covenant.
Some homeowners who have defied covenants have been taken to court by developers for breach of contract, or have had an injunction slapped on their proposed changes.
Property law experts say the developer is usually in a strong legal position if the case involves the original land or home buyer who signed off on the covenant at the time of purchase.
But some covenants have been successfully challenged by subsequent buyers of properties if the estate rules were not written in new contracts.
Developers say covenants are designed to keep quality high, but some residents believe they are taking it too far.
At one development at Daisy Hill in Logan, south of Brisbane, residents are banned from using pink and purple colour schemes on the exterior of their homes.
An Eagleby developer has banned residents from doing any work on their cars unless it is screened from the public.
At Springfield Lakes, covenants include the banning of carports and tight gardening restrictions.
One Springfield Lakes property owner, who wished to be known only as Karen, said she had asked property developer Delfin for permission to renovate her existing carport and turn it into a room, but was rejected because "it would alter the facade of the house".
"I don't see what the big deal is. I wanted to put some glass sliding doors in so my teenage son had his own space," she said.
"It's not like I wanted to paint the doors hot pink."
Another southeast Queensland development limits the amount of time a tradesman is allowed to park out the front of a home to an hour.
Property law specialist Tim O'Dwyer warned original property buyers to read through covenants carefully before signing legally binding contracts.
The Sunday Mail understands that residents at Springfield Lakes have been fined for not obeying covenants but a spokesperson for developer Delfin denied this claim.
"If a resident is in breach of the covenant, Delfin Springfield Lakes do everything possible to work closely with the resident to reach a mutually agreeable solution," the Delfin spokeswoman said.
"If a mutually agreeable solution is not reached then the covenant breach is treated as a breach of contract and pursued in the same manner as other contract breaches."
Paul Newman, chair of Queensland Law Society's property law committee, said in Queensland covenants were not registered on the land title.
He said while first buyers were bound to comply with the rules, subsequent buyers were not, unless agreeing to do so in a new contract.
Have you heard of any over the top covenants being applied?
Check out these crazy covenants:
RESTRICTIVE, and sometimes bizarre, property covenants are making life hell for hundreds of homeowners across the state, an investigation has found.
The Sunday Mail investigation has found the rules prevent homeowners from doing some home renovations, erecting sheds or painting their house a particular colour.
Some of the more unusual covenant restrictions dictate that clothes lines and rubbish bins must be hidden from street view, cars can only be repaired behind a screen and television aerials must be approved by the estate developer.
Neighbours are often the ones who dob in those who attempt to break the covenant.
Some homeowners who have defied covenants have been taken to court by developers for breach of contract, or have had an injunction slapped on their proposed changes.
Property law experts say the developer is usually in a strong legal position if the case involves the original land or home buyer who signed off on the covenant at the time of purchase.
But some covenants have been successfully challenged by subsequent buyers of properties if the estate rules were not written in new contracts.
Developers say covenants are designed to keep quality high, but some residents believe they are taking it too far.
At one development at Daisy Hill in Logan, south of Brisbane, residents are banned from using pink and purple colour schemes on the exterior of their homes.
An Eagleby developer has banned residents from doing any work on their cars unless it is screened from the public.
At Springfield Lakes, covenants include the banning of carports and tight gardening restrictions.
One Springfield Lakes property owner, who wished to be known only as Karen, said she had asked property developer Delfin for permission to renovate her existing carport and turn it into a room, but was rejected because "it would alter the facade of the house".
"I don't see what the big deal is. I wanted to put some glass sliding doors in so my teenage son had his own space," she said.
"It's not like I wanted to paint the doors hot pink."
Another southeast Queensland development limits the amount of time a tradesman is allowed to park out the front of a home to an hour.
Property law specialist Tim O'Dwyer warned original property buyers to read through covenants carefully before signing legally binding contracts.
The Sunday Mail understands that residents at Springfield Lakes have been fined for not obeying covenants but a spokesperson for developer Delfin denied this claim.
"If a resident is in breach of the covenant, Delfin Springfield Lakes do everything possible to work closely with the resident to reach a mutually agreeable solution," the Delfin spokeswoman said.
"If a mutually agreeable solution is not reached then the covenant breach is treated as a breach of contract and pursued in the same manner as other contract breaches."
Paul Newman, chair of Queensland Law Society's property law committee, said in Queensland covenants were not registered on the land title.
He said while first buyers were bound to comply with the rules, subsequent buyers were not, unless agreeing to do so in a new contract.
Have you heard of any over the top covenants being applied?