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| Name: |
rga82
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| Subject: |
development restrictions
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Date:
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11/15/2013 11:17:21 AM
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My lake house is on a deeded lot near the amphitheater. I recently built a covered boat lift. Last weekend I raked and burned the leaves from our beach area. A friend of mine, who lives in a Russell development, said covenants restricted him from doing either.
What other restrictions are covered in development properties?
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| Name: |
MrHodja
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| Subject: |
development restrictions
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Date:
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11/15/2013 12:30:56 PM
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I would suggest that you start with the abstrct for your property. If there are any covenants they should be there.
John C, what say you? You are the real estate professional. I am just a graduate of the College of Hard Knocks, lol.
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| Name: |
John C
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| Subject: |
development restrictions
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Date:
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11/15/2013 5:37:41 PM
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Hey rga, I am really familiar with your area, our family cabin is near there.
This is an interesting discussion. Since you are not in a formal neighborhood with covenants and restrictions, you might not be familiar with other neighborhoods around the lake.
Lake Martin is like anywhere else in that if you buy a home or a lot that is subject to covenants or easements, you have to abide by their rules. Speaking in general for Russell Lands neighborhoods, it is correct that no covered boat docks are allowed. examples of these neighborhoods are, but not limited to, Willow Point, Windermere, Windover, Trillium, The Ridge, River Oaks, etc. When I am showing homes or lots in a neighborhood that I know is developed by Russell Lands, I am quick to tell the buyers that they can't build a covered boat dock. The way it's usually written in the neighborhood covenants is something like "nothing which exceeds three feet of the highest water level will be allowed."
Burning leaves - that might be excluded in some RL neighborhoods but I just checked the ones I have from Windermere, dated 1973, and I can't find anything in there that prohibits it. Maybe in other neighborhoods it is prohibited. I don't know. I have seen some rules in others to the effect of "only burn leaves on days permitted by fire department" etc.
The key thing is to read the rules, covenants, and restrictions for each neighborhood that you consider, before you buy. All neighborhoods are different. Also be sure to get the most updated copy, as the original rules might have been amended.
For example, this year I listed a lot of lots in emerald Shores. Most of them sold but we have a few left. One of the first things I did as the Listing Agent was to get a copy of the covenants and architectural restrictions, plus amendments. emerald Shores' Covenants have 3 amendments, all dealing with covered docks. Originally they were prohibited. The first amendment allowed them, second overturned it, and finally the third allowed it. So covered boat docks are allowed in emerald Shores.
I usually advise buyers to make their offer contingent upon buyer's favorable review of these documents. While I am not a lawyer, my understanding is whatever is recorded is the big deal. So you can research any deed in the courthouse, and it might say, "subject to covenants recorded on Page ABC Book XYZ" - that's when you know to go look up that in the courthouse also.
Another thing to remember is that some parts of Lake Martin are just merely areas, not formal neighborhoods. I have a page on my blog that lists a lot (not all) of them, with links to more information on each. Hopefully this is helpful.
URL: Lake Martin Neighborhoods
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| Name: |
rga82
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| Subject: |
development restrictions
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Date:
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11/16/2013 8:25:27 AM
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Thanks John. Thorough answer and obviously words from experience. As nice as some of the developments are I'm thankful that I'm not bound by a set of rules. I'm happy living at the end of a dirt road...just like I remember as a child visiting our Russell cabin. I think the big reason Russell doesn't allow covered boat lifts is because of the tremendous cash flow they have from dry storage at the marinas.
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| Name: |
lakeguy
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| Subject: |
development restrictions
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Date:
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11/16/2013 10:00:11 AM
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can give you one more very recent example. We are in a Russell development. I was planning a garage with bed room/bath above it beside my home and builder told me he can't do until we get an architect--expensive, and then submit our plans to a review committee. YUCK! This happened this week....
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| Name: |
wix
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| Subject: |
development restrictions
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Date:
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11/16/2013 11:44:38 AM
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Funny how RL won't allow boathouses, supposedly because they're eyesores, yet they build the gigantic metal eyesores and that's cool.
Another restriction to be aware of is the set back allowed from the 490' line. Any property that was once APCo property has a minimum setback of 30' before you can build occupied space (home). It's in the covenants. APCo has owned at least 1700-1800 lots on the lake at one time, so it affects a lot of homes. They also do not allow trailers, mobile homes, or "modular homes", I believe. I have a friend that built about 10' from the 490', which surprised me, but he had no covenant restrictions. Like John C said, always read your covenants.
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| Name: |
lakngulf
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| Subject: |
development restrictions
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Date:
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11/16/2013 2:47:05 PM
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Are all lake lots subject to the same rules regarding size of piers and floating docks?
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| Name: |
roswellric
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| Subject: |
Nope...Wrong.
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Date:
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11/16/2013 9:54:00 PM
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It's because they don't want owners to erect raised covered boathouses and decks that would obstruct other lot owner's view. Anyone who buys in one of their subdivisions gets an explanation of all that before they buy.
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| Name: |
wix
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| Subject: |
development restrictions
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Date:
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11/16/2013 10:05:50 PM
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You would think APC would control everything beyond the 490' line, but apparantly the developer can reduce the guidelines set forth by APC, hence, RL's restriction on boathouses. My guess is a developer can reduce guidelines of APC, but cannot expand them.
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| Name: |
MrHodja
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| Subject: |
development restrictions
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Date:
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11/16/2013 10:06:40 PM
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I think once you get beyond the nominal 490 shoreline Alabama Power rules take effect. Maybe Russell was able to put further restrictions on their lots, but we all have to have that triangular APCO tag somewhere on our over-water structures.
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| Name: |
froghog
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| Subject: |
development restrictions
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Date:
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11/17/2013 9:31:09 AM
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In the 3 Ws and the Ridge you can burn yard debris.
Please burn in lake bed below the 490 level. We at the Fire Dept. would like to be informed prior to burn date and time.
If it gets out of control or the Fire Dept. is called out ( false alarm) you might incur a service charge.
As far as I know all Russell developments have a ban on over the water boat houses.
Mike
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| Name: |
rga82
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| Subject: |
development restrictions
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Date:
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11/17/2013 9:51:14 AM
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Good advice about notifying the VFD about burning. Can you post some good phone contact numbers? Would the VFD like a street address, lat-long or Township-Section-Range?
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| Name: |
froghog
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| Subject: |
development restrictions
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Date:
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11/17/2013 7:18:10 PM
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Rick Borowski is the Windermere V.F.D. Chief's his phone number is 256 234 1239. Mine is Mike Arnold 256 2341074.
Please give us a least a few days notice and leave/give the address and contact number for your burn.
Thanks,
Mike Arnold
Test Manager
W.V.F.D.
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| Name: |
lucky67
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| Subject: |
development restrictions
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Date:
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11/18/2013 12:40:37 PM
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PRIOR TO burning, you might want to consider your neighbors; check with them to make sure they arent having a function /party/wedding; not everyone likes smoke headed their way;
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| Name: |
au67
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| Subject: |
development restrictions
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Date:
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11/18/2013 5:18:06 PM
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In some developments, it appears to me there is a requirement that you spend more than your neighbor did when they built. :-)
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| Name: |
roswellric
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| Subject: |
development restrictions
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Date:
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11/19/2013 10:58:55 AM
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Great comment. Also don't burn in the evening when the air is still or heavy. It will smoke up yours and your neighbor's houses. Build the fire correctly so it burns and doesn't smoke. To sum it up? Be considerate of your neighbors please.
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