What this due-diligence check covers
Restrictions may appear in declarations, deeds, plats, amendments, bylaws and rules. Review the full current set and determine whether the parcel is subject to them.
Government approval does not override enforceable private restrictions.
Why it matters before closing
A project can satisfy zoning but still be prohibited by minimum-square-foot rules, manufactured-home bans, design review or subdivision covenants.
Three levels of evidence
First question to resolve
Obtain declarations and all amendments.
Proof to keep
Preserve recorded declarations and amendments and connect it to the exact parcel, proposed use and source date.
Escalation trigger
Rules supplied only by the listing agent. Ask: Is the parcel legally subject to the declaration?
What to verify
- Obtain declarations and all amendments.
- Confirm association status, dues and assessments.
- Review architectural approval and construction deadlines.
- Check enforcement history and pending changes.
Red flags that deserve follow-up
- Rules supplied only by the listing agent.
- Expired-looking covenants with automatic renewal clauses.
- Unpaid assessments or special road charges.
- Approval required before plans are complete.
Evidence to keep in the parcel file
- Recorded declarations and amendments
- Bylaws and current rules
- Resale or disclosure package
- Written association account status