Barn in crosby tx (Howe, Happy: real estate, HOA, appliances)

[Sillynic]

I am looking at some property in Crosby TX in the happy hideaway subdivision I was wondering what building regulations are? I am looking at a 1/2 acre lot with a house on the lot and would like to put up a 50 X 90 16 ft. tall pole barn.
Thanks

[lhafer]

Ask your realtor to get you any deed restrictions the subdivision may have.

[PedroMartinez]

Originally Posted by lhafer

Ask your realtor to get you any deed restrictions the subdivision may have.

I'm pretty sure Happy Hide-A-Way doesn't have any deed restrictions other than any washing machines left in the front yard must be front loaders.

But in all seriousness, here are the deed restrictions:

http://www.happyhideawaycivicclub.co...strictions.pdf

From my understanding, from a quick reading, if you are buying tracts 29, 30, 31, 32, 33, 34 or 77, you should be ok to put up that barn because it says:

tracts 29, 30, 31, 32, 33, 34 and 77 may be used for any legal purposes

Of course this is as long as you follow:

No building shall be erected, placed or altered on any building tract in this resort area until the plans, specifications and plot plan showing the location of such building has been approved in writing as to conformity and harmony of external design with existing structures in the resort area, as to location with respect to the topography and finished ground elevation by a majority of the Architectural Committee

However, if you purchase any other tract, it looks like you won't be allowed to build such a barn:

No building shall be erected, altered, placed or permitted to remain on any residential s tract other than one single family not to exceed two stories in height and a private garage for not more than two cars. One storage shed erected for the purpose of storing books, motors and so on, not to exceed 4 feet in width by 8 feet in depth, may be constructed on any tract provided it is constructed of new lumber and is painted on the outside with at least two coats of paint and is located at the extreme rear end of the tract. A boat storage shed, not wider than 8 feet and longer than 20 feet may be constructed on each tract provided it is built with new lumber and the exterior painted with at least two coats of paint and provided it is located on the extreme rear of the tract. No occupancy shall be made of either the storage shed or the boat house.

Of course, one question is if this has been enforced for everyone on those non-excluded lots. It is my understanding that there can't be selective enforcement; therefore, if people who aren't on the excluded lots put up such barns and the covenant wasn't enforced on them, they can't enforce it on you, but I'm no real estate lawyer.

It is my understanding that there was a long history of non-enforcement. The people who build the really beautiful home on the lake on that big corner lot took over the HOA and began trying to enforce the deed restrictions. Rumor has it, they moved because they were getting death threats from the neighbors. They were asking nearly $1 million for it, and when my buddy swooped in and offered $750k, expecting to be turned down, they took the offer. So, now enforcement might not be an issue.

I do like the rule:

No firearms of any nature or description shall be displayed or allowed outside of the residence or improvement of any tract.

Which is completely not enforceable.

The neighborhood has actually improved significantly in the last three or four years. I once saw an episode of Marshal Law Texas where they went into Happy Hide-A-Way to chase down their fugitive. When the go to the guy's home, there were appliances all over the lawn.