Are Deed Restrictions Enforced?
Yes, Deed Restrictions are enforced. However, in the past, they have only been enforced when a complaint was submitted. The Board is working to improve enforcement of them by regularly submitting violations to the Management Company.
Who is contacted if there is a known Violation?
If a Community Member is aware of a known Violation, that community member should contact the Magnolia Property Management Company to submit a complaint.
What is the Deed Restriction Violation Process?
Come back for more information.
Can the Deed Restrictions be amended?
Yes, the Deed Restrictions can be amended with a 51% vote of the lots.
Current Common Deed Restriction Violations
- Building Permits and Architectural Control. No building or Improvement shall be erected, placed or altered on any lot until the construction plans and specfications and a plot plan showing the location of the structure or improvements have been approved in writing by the Association, the ACC or their designated representative.
- Lots for Single Family Dwellings. One additional structure is permitted per lot of no more than 900 square feet of living area to be used as a guest house or quarters. This additional structure may not be rented to the public, but must be used by the primary residence owner for personal use.
- Residential Use Only. Residences shall not be used to conduct any business that invites the public or customers to the residence to conduct business, or that permits or requires other than family members to regularly enter the property, or that requires the storage of any supplies, property or material in or around the real estate visible from the street, or that creates a public or private nuisance.
- Garbage and Trash Disposal. All garbage or trash accumulated from day to day shall be kept in covered sanitary containers and the containers shall be kept out of site and screened from the street except when placed curbside for pickup.
- Nuisances. No activity or situation, whether for profit or not, shall be permitted to exist on any lot, which is not related to single family residential purposes.
- Nuisances. The Board of Directors has the right to determine what constitutes a nuisance and their judgement, as long as exercised in good faith, shall be conclusive and final.
- Nuisances. Composting bins must be located and maintained in such a way that no odors are detectable from neighboring properties, and the bins must be maintained so they are not unsightly or unkept.
- Parking of Vehicles. Passenger cars and trucks with commercial advertising must be parked in a garage if kept on the property overnight.
- Parking of Vehicles. Motor vehicles without current license and registration, junk or wrecking yards, and automobiles, trucks or other vehicles used for parts are strictly prohibited.
- Parking of Vehicles. Motor homes, boats, bicycles, tricycles, campers, trailers or any recreational equipment stored on lots must be kept in a garage or stored behind the residence and be screened from public view.
- Parking of Vehicles. No vehicles may be parked on the roads except for visitors who may temporarily park on the road.
- Parking of Vehicles. Overnight parking on roads is prohibited.
- Parking of Vehicles. All cars and trucks kept on lots must be stored in a garage or parked on driveways. No vehicles shall be parked on unpaved, areas of lots.
- Parking of Vehicles. Only motorized vehicles licensed and registered for legal use on public streets may be operated on subdivision streets.
- Temporary Structures and Residences. No inflatable yard toys, above ground pools, or other micellaneous items may be left in yards visible from the street.
- Animals. All pets must be kept in a fenced area or on a leash when outside of a residence. No pets shall be allowed to run loose on the property.
- Animals. All dogs and cats, when outside, must wear a collar with tags identifying the property owner and home address.
- Fence and Plants. No fence or wall shall be located between the street and the building line.
- Signs. No signs of any kind shall be displayed to the public view on any tract or lot except one sign advertising the property for sale by the owner or builder, signs used by a builders to advertise the property during the construction and sales period, or signs approved by the ACC.
- Firearms/Fireworks. The use or discharge of firearms, including (but not limited to) air powered guns, and the use or discharge of fireworks is expressly prohibited within the property.
- Materials Stored on Lots. No building material or debris of any kind shall be placed or stored upon any lot except during construction.
- Maintenance of Lots. The owners of any lot or lots shall have the duty of and responsibility for keeping the premises, buildings and improvements, appurtenances and all landscaping thereon, in a well maintained, safe, clean, neat and attractive condition. For homes, this includes mowing and trimming of all grass and shrubs.
- Maintenance of Lots. If, in the opinion of the Deed Restriction Committee, any owner is failing in his duty and responsibility, the Committee may elect to give notice of such fact to such owner, who shall undertake the care and mainteannce required to restore said owner's lot to a safe, clean, neat and attractive condition.
- Maintenance of Lots. If the owner of the lot fails to adhere to #23 above, within ten (10) days after written notice shall have the right and power to perform such care and maintenance, and the owner shall be liable for the cost thereof. Please see Article III, Section 13 for more information regarding the appeals, min fines and expectation for payment of such assessments.