Why Update Deed Restrictions?
As a deed-restricted community, Idylwood has been able to maintain its well-kept beauty while other inner-city neighborhoods have not fared so well. Recent changes to Texas state law make it easier to change deed restrictions, and although our current deed restrictions are still valid and generally enforceable, they are written in a language style that has become antiquated after decades of social and legal change, making enforcement increasingly challenging and expensive.
- They contain certain language (the so-called "Caucasian clause")
- They lack provisions to handle unanticipated land use issues
- They have a 99-year life span, beyond which they will effectively disappear
- They contain no provision for updating restrictions
These issues are discussed in more detail below.
Language Concerns
Idylwood's deed restrictions were written in 1937, a time when simple wording sufficed because social norms were much narrower. Since that time, the many social changes that have taken place have rendered this simplistic language increasingly harder to enforce.
The "Single-Family" Restriction
A good example of antiquated language involves the designation of homes built in Idylwood as single-family dwellings. The term "single-family" was not even defined in the deed restrictions, though in 1937 it generally meant: a married man and woman, their children, and possibly one or more parents; a single man, living alone; or a widowed woman living alone, with her children, and possibly one or more of her parents. Social pressure significantly discouraged other living arrangements, so there was no reason to elaborate on meaning of "single-family" in the deed restrictions. Over time, however, society has come to accept a wide variety of domestic living arrangements. As a result, the simple "single-family" term in land use restriction language is now more subject to debate and interpretation. Disputes involving alleged single-family restriction violations tend to become expensive before ever reaching court, as attorneys debate the meaning of vague restrictions language. Even when there is consensus among property owners regarding what constitutes single-family use, without specific language, courts end up having to define the term to settle disputes.
Courts have ruled that a variety of living arrangements are single-family, including such examples as fraternity houses and halfway houses for paroled felons. Attorneys now advise adding as much specific language as is practically possible, to avoid court involvement and legal costs. The addition of specific, detailed language is one reason the proposed deed restrictions are significantly longer.
The infamous "Caucasian Clause"
Certain language in the current deed restrictions is not only antiquated, it is unenforceable and no longer even desirable. The "Caucasian clause" is a relic of our once-segregated society, and is common in older deed restrictions. Until recently, it was almost impossible to amend these older deed restrictions, even though the U.S. Supreme Court has made all discriminatory deed restrictions unenforceable. That is why the language has remained in the restrictions until now.
While the "Caucasian clause" language is inert, many Idylwood owners would like to have it removed from the deed restrictions. Now that the Texas Legislature has passed a law making it easier for older neighborhoods to amend deed restrictions, we can accomplish this.
Unanticipated Land Use Issues
As Houston's East End has transitioned from a rural area in the 1930s to an urban community today, unanticipated land use issues developed. The current deed restrictions have little or no provision for dealing with many of these issues. When they were written, the areas around Idylwood were sparsely developed; over time, this area was annexed by the City of Houston and the East End was heavily developed.
Misconceptions regarding what current deed restrictions prohibit are common. Owners typically demand that the Civic Club "do something" when offensive land uses develop, regardless of whether the use is restricted or not.
No matter how offensive a land use may be, if it does not violate deed restrictions or local, state, or federal laws, there is really little the Civic Club can do to oppose the use.
Following are some examples of changing land use and the difficulties that have arisen through inadequate deed restriction language.
Parking and Automobiles
Early in the history of Idylwood there were lots of places to park automobiles, and people owned fewer of them. In the current, modern urban environment there are fewer places to park automobiles, and people tend to own more of them.
With many more automobiles and fewer places to park them, some residents (often renters) choose to park vehicles on front yard. For example, former renters living on Sylvan Lane parked numerous vehicles and commercial equipment on front lawn. Current restrictions do not address this problem, as the writers did not envision there ever being a need to regulate this land use. As offensive as this practice was, it did not violate deed restrictions and the Civic Club had little recourse. Proposed restrictions, however, specifically prohibit this.
Fencing of Front Yards
A common misperception among Idylwood residents is that the deed restrictions prohibit fencing front yards. In fact, there is no explicit prohibition. Restriction 5 states that "no building or any part thereof shall be erected or placed" in the front yard. This might be the basis for the common belief that fences are prohibited; however, it would be a stretch and perhaps a long shot to convince a Court that a fence is part of any structure on the lot.
Most residents want such a prohibition and it was added in the proposed restrictions language.
Garage Apartments
In the case of garage apartments, current deed restrictions only speak to their use as servant's quarters. The Civic Club has therefore historically opposed using quarters as an extension of the main residence for other family members, such as grandparents or college-age children, in an attempt to adhere strictly to the single-family use restriction. However, most residents favor provisions to allow using garage quarters as extension of the main residence, and so the proposed restrictions include such a provision.
Restrictions Terminate in 99 Years (2036)
The current deed restrictions have a 99-year life span. They were adopted in 1937 with the option to extend every 25 years by vote of property owners. The Idylwood deed restrictions were thus extended in 1962 and again in 1987; they can be extended one last time in 2012.
When the restrictions terminate in 2036 they become unenforceable. The Civic Club is taking action now to establish new deed restrictions because: Deed restrictions benefit Idylwood property values.
Potential Dissolution of Restrictions Would Adversely Affect Property Values
The home-buying market might start to discount Idylwood values well before drop-dead date without move to maintain restrictions. Recently enacted laws have made it much simpler to change older deed restrictions.
Challenge of Amending Restrictions
Your Civic Club is working hard to develop modern restrictions that:
- Maintain the intent of the current restrictions, e.g. maintain existing single- and multi-family residential uses.
- Restrict certain land uses that the majority of property owners find objectionable, e.g., prohibit vehicle parking on front lawns and the fencing of front yards.
- Clarify or facilitate certain land uses not covered in existing restrictions, e.g., define allowable uses for garage quarters other than servants quarters that, nonetheless, maintain single-family use of the property.
- Address additional desirable land use restrictions, once the Civic Club sorts through varying and often polarized property owner opinions.