How to Amend Neighborhood Restrictive Covenants

Question:

My client really likes a neighborhood, but the restrictive covenants prohibit a work shed in the back yard.  What should we do?

Answer/Recommendation:

The first step is to review the restrictive covenants of the neighborhood to determine what is required to obtain an amendment.

According to Louisiana Civil Code Article 780, restrictive covenants shall be amended in accordance with the provisions of the document creating them.  In the absence of specific provisions outlining what is required to amend the restrictive covenants, then a majority vote of all home/lot owners is needed.

For newer neighborhoods where the developer still owns many of the lots, usually the developer is the only person needed to amend the restrictive covenants.

If the developer has sold all the lots, most restrictive covenants require a 2/3 vote of all the home/lot owners to accomplish an amendment.  If the restrictive covenants are silent as to the vote required, then only a majority of the home/lot owners will be required.

If you have a question about what is needed, please contact rye@tutentitle.com.  We can review the restrictive covenants and give you an opinion.

H.L. “Rye” Tuten, III, is a Title Attorney/Real Estate Closing Attorney and Owner of Tuten Title & Escrow, LLC. Formerly assigned by RICE Insurance to defend real estate agents throughout Acadiana, much of his more than nine years’ litigation experience is with real estate concerns.

The information contained herein is simply for informational purposes only and not intended to provide legal advice or create an attorney-client relationship.