RESTRICTIONS
RESTRICTIONS
FREQUENTLY-ASKED QUESTIONS (FAQs)
The following information on restrictions (sometimes called "deed restrictions", "restrictive covenants" or "protective covenants") is placed here for the general convenience of those who live in the 16 subdivisions in Boulevard Oaks that were created with independent sets of restrictions. The information is very basic and is general in nature; it does not constitute or substitute for legal advice. Remember that restrictions are legal documents that can have important legal consequences; consult your attorney for specific advice in your particular situation. The City of Houston enforces certain deed restrictions including use, size, type and number of structures. You may refer suspected violations to them at 832-393-6333. An online library of deed restrictions is here. Revised 8/3/16.
Questions:
- What do restrictions do?
- Why are restrictions important?
- How do I know if my property is restricted?
- How do I know who else is restricted by the same restrictions?
- Where can I find a map of my subdivision?
- The restrictions are based on lots and blocks. How do these
relate to street addresses?
- How do I go about obtaining restrictions, subdivision plats
or other real property documents?
- Who's in charge of monitoring and enforcing the restrictions
in my neighborhood?
- Can restrictions expire?
- What can we do if our restrictions expire?
- What if my neighbor's property is unrestricted?
- Can my neighborhood modify its existing restrictions?
- Is it a problem if violations of my subdivision's restrictions
are not enforced?
- Is Boulevard Oaks a subdivision? How is it different from Southampton?
- What are the subdivisions in Boulevard Oaks?
- Which subdivisions have homeowner associations? Who are their
contacts?
- Why doesn't BOCA enforce restrictions?
- Can BOCA create new restrictions that cover all of Boulevard
Oaks?
- If restrictions aren't applicable to some or all of the lots
in my subdivision, is there anything I can do short of getting restrictions
imposed on the property?
- What can BOCA do to help?
- Can the City help?
- What can I do to help?
- Why do we have to go through all this?
- Does BOCA have a copy of my deed restrictions?
They generally accomplish the following:
- Establish requirements
regarding improvements built on, and usage of, the property (e.g., restriction
to residential use, and establishment of building setbacks (i.e., required distances
from property lines), height requirements and required building materials)
- Establish a homeowner
association (and in some cases an architectural control committee) for enforcement
and decision-making
- They may create an obligation to pay dues to support the activities of the
homeowner association and a lien against the property of the owner to secure
payment of the dues
Note that if side and rear property line setbacks are not addressed by restrictions,
the Houston Building Code mandates a 3-foot side setback for any wall with openings
such as doors and windows. Rear setbacks may be controlled by the rear utility
easement (usually between 5 and 10 feet).
Return
to Questions
Why are restrictions important?
They establish the rules governing the use of your lot and those of your neighbors in your specific subdivision, what can be built on a lot, and how far from the edges of the lot it must be.
How do I know if my property is restricted?
Most properties in Boulevard Oaks are deed restrictions, but if you have questions, look at the owner policy of title insurance you should have obtained when you bought your house. If your house was restricted at the time you bought it, the restrictions should be listed in Paragraph 1 of Schedule B. You should have received (and reviewed) a copy of the restrictions when you bought your house. If you cannot find a copy you can order one from the Harris County Clerk. (See "How do I go about obtaining restrictions, subdivision plats or other real property documents?".)
How do I know who else is restricted by the same restrictions?
Read the restrictions applicable to your property. They will likely indicate all of the properties that are covered. However, in cases where the restrictions were signed in multiple copies, it may be necessary to obtain and assemble all of the counterparts that were filed of record to determine which lots are covered by the restrictions. If this is the case, see "Who's in charge of monitoring and enforcing the restrictions in my neighborhood?".
Where can I find a map of my subdivision?
Go to www.hcad.org to get a general idea. (Click on "Maps" and locate the maps by "Facet Number" Boulevard Oaks is contained within Facets 5356C and 5256D.) The best way is to see if you received a copy of your subdivision map with your house purchase documentation or if not, to order a copy of the plat for your subdivision from the Harris County Clerk.
The restrictions are based on lots and blocks. How do these relate to street addresses?
The easiest way to see what the street address is for a lot (or lot and block for a street address) is to go to www.hcad.org. Begin by finding your own property by its street address. The HCAD maps show subdivision, block (which is designated by a number in a circle), lot, and street address.
How do I go about obtaining restrictions, subdivision plats or other real property documents?
Contact the Information Department at the Harris County Clerk's office. Some records can be search online at http://www.cclerk.hctx.net/applications/websearch/home.aspx. Before you ask for documents, have the legal description (subdivision, block and lot) for your property handy. That is generally the description that was used in the deed by which you acquired title to your house.
Who's in charge of monitoring and enforcing the restrictions in my neighborhood?
There are generally two groups who can enforce the restrictions and who need to take responsibility for monitoring compliance with them:
- The homeowner association
for the subdivision for which the restrictions are established, if it exists;
and
- The individual lot owners in the subdivision (including you) who are all subject
to the restrictions.
- The city of Houston will enforce certain deed restrictions. Contact the City
of Houston Deed Restriction Hotline at 832-393-6333.
The City of Houston has enforcement powers as well, but either the homeowner association or an individual owner will need to seek the City's assistance; the City will not monitor and "police" compliance with the restrictions. If you are aware of violations, either report them to your subdivision's homeowner association, if it exists, or to the City of Houston's Legal Department (see "Can the City help?"), or retain the services of an attorney who can advise you on how to protect you and the others in the subdivision from noncompliance by a particular owner.
BOCA does not and cannot enforce restrictions. (See "Why doesn't BOCA enforce restrictions?".)
That depends on how they are written. Some, particularly older ones, can expire and in fact have expired. It is very important to review your restrictions to see what they say about their "term"; if the answer is not clear, consult an experienced residential real estate attorney. For reasons explained elsewhere in this FAQ, it is very important to keep your restrictions from expiring, both because you will lose the control on usage and structures they provided, and you may be able to extend them, if you do so before their expiration, by a vote of less than all the lot owners subject to them (which will not be true if you let them expire).
What can we do if our restrictions expire?
You will need to get a group of owners together from your subdivision to create new restrictions. You will also need to hire a real estate lawyer to assist you in the process of drafting the restrictions and seeing that they are properly created. Your biggest challenge will be to come up with a set of restrictions that will maximize the number of people who will sign them (or don't "opt out" if you elect to attempt to establish restrictions under certain laws now available without going door to door for signatures of everyone). But remember, in this kind of case, no one's property can be subjected to restrictions if they don't want it to be. That is what makes putting new restrictions even on limited sets of lots so difficult. If your restrictions have expired or are about to expire, you should review all sections of this FAQ carefully, organize a group of individuals in your neighborhood that will dedicate itself to the renewal task ahead, and contact a good residential real estate attorney.
What if my neighbor's property is unrestricted?
This can happen where restrictions expired, and then were re-created but not all owners signed up. In that case, the only remedy is for other owners in the subdivision to persuade the owners of the unrestricted property to voluntarily restrict their property. This can be accomplished usually by a short document by which the owner so agrees, but it should be drafted by a lawyer familiar with restrictions in general and your subdivision's restrictions in particular.
Can my neighborhood modify its existing restrictions?
It depends on how your existing restrictions are worded. Some can be amended with only majority approval among those subject to the existing restrictions. Others may require 100% approval. Read your restrictions to see what they say. It goes without saying that the higher the percentage requirement for approval, the harder the task of actually making a change is likely to be.
Is it a problem if violations of my subdivision's restrictions are not enforced?
Yes. It is very important to enforce violations by homeowners whose lots are restricted, because according to Texas caselaw, restrictions may be deemed waived and become unenforceable if they are not enforced. That is why it is important for those subdivisions with valid restrictions to maintain an active homeowner association so that violations can be reported to the association and it can act. Additionally, though, usually each individual owner who is subject to the same restrictions can also act on their own to seek enforcement of those restrictions against a violator. The worst thing to do is look the other way. That can result in the loss of the restrictions.
Is Boulevard Oaks a subdivision? How is it different from Southampton?
No. Boulevard Oaks consists of 20 separate subdivisions. Boulevard Oaks was formed in 1980 when the prospect of heavy rail threatened to result in the condemnation of part of our neighborhood. It was decided that there was strength in numbers, and so various subdivisions banded together to fight a common foe. Other common interests were found, such as security, which resulted in the formation of the Southampton/Boulevard Oaks Patrol. In this regard Boulevard Oaks is fundamentally different from Southampton (Place), which was developed as, and is today, one large subdivision of over 600 homes bounded by Bissonnet, Ashby, Rice Blvd. and Greenbriar. The Southampton Civic Club oversees enforcement of the deed restrictions for the Southampton Place subdivsion.
What are the subdivisions in Boulevard Oaks?
There are more than 20 subdivisions comprising Boulevard Oaks including: Broadacres, Chevy Chase, Cherokee, Cheyne Walk, Cresmere Place, Edgemont, Greenbriar, Herman Hospital Ests, Keithly Place, N. Edgemont, Ormond Place, Ranch Estates, Southampton Estates, Southampton Townhomes, Sunset Park, Sunset Place, Vassar Court, Vassar Place, W. Edgemont, W. Ormond Place, and Wroxton Court. To find out more information on specific subdivisions, check for other information on this website or email the BOCA office or Palmer Hutcheson, Chair of the Deed Restrictions Committee.
Which subdivisions have homeowner associations? Who are their contacts?
According to BOCA's records, the following subdivisions have active homeowner associations. Broadacres, Cherokee, Edgemont, Ormond Place, Ranch Estates, Southampton Estates, West Ormond/Cresmere Place and Southampton East and Vassar Place. Greenbriar Addition is forming such an association. If you live in one of these subdivisions, and don't know the name of the contacts for your association, ask your neighbors; you can also [click here] to see BOCA's most current information on contacts.
Why doesn't BOCA enforce restrictions?
Restrictions were enacted at a subdivision level; there are sixteen individual subdivisions within Boulevard Oaks, which is not a subdivision itself but an umbrella organization. BOCA has no legal standing to enforce subdivision deed restrictions. Besides that, BOCA is not funded to deal with all of the restrictions issues of all of its constituent subdivisions, let alone the enforcement of those restrictions; that is the purpose of the homeowner association that exists, or that was set up in conjunction with the original restrictions and that can be re-established by the owners in the subdivision, if necessary. If your subdivision does not have a homeowner association that is collecting dues, then you should organize within your subdivision to take up a collection to hire a residential real estate attorney to assist in the re-establishment of a homeowner association, consider modification or re-establishment of restrictions, and deal with funding and enforcement issues. One possibility also may be use of the City's enforcement powers (see "What do restrictions do?"). However, do not expect the City to take the place of a homeowner association.
Can BOCA create new restrictions that cover all of Boulevard Oaks?
Theoretically, yes, but there are a number of factors making this impractical. Restrictions are generally imposed when developers plat and subdivide property before they sell lots. Once lots are sold, it is usually very difficult to get all to agree on a single set of restrictions, and as mentioned above, no one can be forced to have their lot restricted by new restrictions if they don't want to be restricted. Ask those who have been involved in the re-establishment of even minimal restrictions in subdivisions where the restrictions have expired and they will tell you that it is an enormously difficult and time-consuming task even at the individual subdivision level. (It took Ormond Place owners, for example, over seven years and two major door-to-door campaign efforts by many people just to renew their restrictions among a minimum number of lot owners.) To think that the task can be accomplished for sixteen subdivisions together, with all of the varying kinds of residence types and use issues within that diverse community, is not realistic. It is therefore important for neighbors within each subdivision to work together to do whatever is necessary to assure the soundness of their own restrictions or organize and donate the money to undertake the effort to create new ones and keep them sound.
If restrictions aren't applicable to some or all of the lots in my subdivision, is there anything I can do short of getting restrictions imposed on the property?
Does your block have a "prevailing lot line" in terms of the distance from the street the houses are located or a "prevailing lot size"? If so, you may be able to take advantage of procedures under a city ordinance we now have for imposing the prevailing lot line and/or lot size. If you want to pursue this, you may want to consult a residential real estate attorney for assistance; in any event, it will be very important that all required procedures mandated by the ordinance be followed. For more information, visit the City of Houston Planning Department website's page (http://www.houstontx.gov/planning/Min-Lot_Size-Min_Bldg_Line.html) on the Prevailing Lot Size and Minimum Building Line Applications.
BOCA can do several things to help you:
- Tell you who it has on
record as being in charge of the association for your subdivision.
- For a handling charge of $1 per page, provide you with copies of the restrictions
for your subdivision it has on file; however, these may not be current and BOCA
does not warrant their accuracy. Or you can download the restrictions
from the BOCA website for free.
- Advise you of others in your subdivision who are interested in restrictions
issues.
- Provide ideas and suggestions on how to organize owners in your subdivisions
to deal with restrictions issues.
Return to Questions
Can the City help?
Yes, to some extent; the City can enforce a restriction that establishes (i) uses, (ii) setbacks, or (iii) size, type or number of structures that may be built on a lot. The City's Legal Department has a helpful web page on this (which includes a list of answers to frequently asked questions) at http://www.houstontx.gov/legal/deed.html. The City of Houston enforces certain deed restrictions including use, size, type and number of structures. You may refer suspected violations to them at 832-393-6333. See "Who's in charge of monitoring and enforcing the restrictions in my neighborhood?".
You can take all of the steps outlined in the answers to the questions above and take a leadership role in your subdivision in focusing attention on issues regarding restrictions and formulation of a strategy for dealing with them that is realistic and that has the best chances for success.
Why do we have to go through all this?
The answer is simple: because Houston, unlike every other major city in this country, does not have a zoning ordinance. Unless a subdivision is restricted by a developer when it is created, individual lot owners trying to restrict neighborhoods face a dilemma. On the one hand, if everyone restricts their property to a common use, such as single family residential, everyone's property is more valuable; on the other hand, an owner will be concerned with the prospect that they sign up to restrict their property and then their neighbor doesn't. From a selfish, short-sighted perspective, one lot owner could decide that his own lot is worth more if it is not restricted and everyone else's is. The problem is that if everyone thinks that way, there will be no possibility of ever resurrecting restrictions, and indeed, this is what makes resurrecting them so hard. If an owner thinks a next door neighbor won't sign, then the first owner won't sign, and the whole process breaks down. Zoning eliminates this dilemma by effectively creating restrictions from the top down rather than from the bottom up. (It should be pointed out, however, that zoning, unlike restrictions, can be changed above the neighborhood level, so that a Planning Commission or City Council could determine that it would be better for the overall community if the entire area were to be converted to higher density. Zoning, like restrictions, is also expensive to enforce.)
In the absence of zoning, another possibility for a "top-down" solution is a "super neighborhood" association like University Place that is given special governmental powers by the city. Someday it may be possible for University Place to exercise enough power to create restrictions and levy taxes to enforce and maintain them. That is just one reason why it is important to support University Place, of which Boulevard Oaks is a constituent neighborhood. Until then, we need to work with the restrictions we have, and improve them where and when possible on a subdivision-by-subdivision basis through work by owners at the subdivision level who care enough to get involved.
Does BOCA have a copy of my deed restrictions?
Yes, go to our Library of Deed Restrictions.
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