DEED RESTRICTIONS OVERVIEW
Each residential property in Sharpstown has Deed Restrictions (also known as restrictive covenants) governing the use of the property, the architectural design of new construction, the design of additions/modifications to existing buildings, and the landscaping of the property. These restrictions were enacted as the homes were built and become a permanent part of the property deed. Since there is no zoning in Houston we protect property values through the enforcement of deed restrictions.
DEED RESTRICTION DOCUMENTS BY SECTION
The following summary is not intended to super cede the actual deed restriction documents. (Please consult specific section deed restriction documents for exact provisions applicable to your property.)
No properties shall be used for anything other than residential purposes.
(No business can be run from the property)
All homes are designated as single-family dwellings
No garage apartments for rental purposes are permitted.
No sign of any kind shall be displayed to public view on any residential lot except one sign advertising the sale or rental of the lot/home, so long as that sign is less than or equal to the size limitations stated in the individual sections’ deed restrictions.
No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot except dogs, cats or other house pets may be kept, provided that they are not kept, bred or maintained for commercial purposes.
No obnoxious or offensive activity shall take place upon any property nor shall anything be done on the property that may be or become a nuisance or annoyance to the neighborhood.
No spirituous, vinous, malt or medicated bitters capable of producing intoxication shall ever be sold or offered for sale, on said premises or any part thereof NOR shall said premises or any part thereof be used for illegal or immoral purposes.
ARCHITECTURAL DEED RESTRICTIONS
All improvements to the existing property of any character performed or being performed or changes made to the original/existing construction must have the prior approval of the Architectural Committee. The items subject to prior approval includes the materials utilized, the proposed colors to be applied to the structure exterior and the exterior design. Each set of deed restrictions contains requirements, stipulations and restrictions related to the architectural aspects of new construction or modifications made to the property, including:
- the location within the property lines of any dwelling or other outbuildings constructed or placed on the property
- the height of any residential dwelling and the size limitations of its garage
- the height and style of outbuildings on the property
- restrictions on the use of any outbuildings constructed on the property; for example, no trailer, basement, tent, shack, garage, barn, etc. shall be used as a residence
- no radio aerial wires my be installed closer to the front of the property than the front of the building line on the property
- the masonry coverage of the front elevations of a structure
- Location of fences, walls, hedges or shrubs within the property lines
ENFORCEMENT
Enforcement of deed restrictions is the primary responsibility of the Sharpstown Civic Association (SCA). Property owners generally retain a private-right-of-action. The City of Houston legal department helps enforcement deed restrictions as well.
In case of a deed restriction violation, a homeowner may:
- notify the party of the violation
- seek the assistance of his own attorney
- submit a written and signed complaint to the SCA Deed Restrictions Committee
- submit a written and signed complaint to the City of Houston Legal Department.
When a complaint is lodged through SCA, it is entered into the database and a D.R. representative will investigate. If applicable, a letter will be sent to the owner of the property where the alleged violation is occurring. If the alleged violation continues, SCA may either bring legal action itself on behalf of the complaint(s) or request the City of Houston to pursue the matter. The name of the complainant is kept in the strictest confidence. If the case goes to court, the signed complaint may be used as evidence.