Often I get questions about deed restrictions and the role of the building official. Deed restrictions (also known as restrictive covenants) may prohibit a number of things including the building of certain structures such as fences, swimming pools or sheds on the property of the homeowner. When such a restriction is disregarded, the building official should not get involved unless a code violation has occurred, for example, building without a permit. The proper party to bring an action is the homeowners’ association. This happened in Horn v. Huffman, a Kentucky case, where the homeowners built a ground pool in violation of the restrictions. Eventually the association brought a lawsuit to force the owners to remove the pool. The association won in court.
It is even possible that a building official might have to issue a building permit for something forbidden by the deed restriction if the application is proper. While the building official may want to bring the applicant’s attention the fact that such a restriction exists, the building permit cannot be withheld based on the deed restriction alone.
Excellent post Linda.