Legal Question in Real Estate Law in Utah

Codes & Covenants: Bought under one understanding, property now selling another.

We were the first residents of a new subdivision that was being bought. When we signed for the lot, we were given a paper detailing the codes and covenants of the subdivision. It was my understanding that all lots were to be single unit dwellings, or possible twin homes provided they met within certain restrictions.

We built and several other houses have been built. The developer had trouble selling as many lots as quickly as he had anticipated, and went to the city and changed the zoning to allow building a 3 housing unit. I was not aware that this had happened until I saw foundation work for the unit taking place.

My question is, how can codes and covenants be changed, or zoning be changed once this is in place, and I bought under that assumption, accepting the codes and covenants as they were given to me.

And second of all, What can I do about this?


Asked on 6/10/01, 7:02 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Codes & Covenants: Bought under one understanding, property now selling anot

First find hout exactly what he did. Sometimes in a new development the developer will retain control over the subdivision and retain power to amend the restrictive covenants. Talk to the developer and ask what is going on. Then go to the city (or county) planning and zoning department and investigate there. He may not have told them the entire truth. Some departments are more trusting than others and do not investigate.

The restrictive covenants can be enforced by any homeowner or the association. You can file for an injunction to stop construction and prevent any proscribed development. If you or the association fail to enforce the restrictive covenants then they can be deemed voided.

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Answered on 6/29/01, 9:56 am


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