Presented by Anita Mather Allen County Recorder. Restrictive Covenant Awareness And Property Fraud Alert

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1 Presented by Anita Mather Allen County Recorder Restrictive Covenant Awareness And Property Fraud Alert

2 The Allen County Recorder s Office Single location where information about real estate can be filed and searched by interested parties. Provides a means of public notice for those establishing a claim on real estate. First records date back to 1817.

3 Why We Need to Understand Covenants? Designed to preserve an area s safety, appearance, integrity, quality of life and property value. Govern such issues as decks, fences, swing sets, swimming pools, association dues, signage and activities. Perhaps the single largest source of conflict between neighbors and homeowners associations. In Indiana, covenants are a civil agreement between the homeowner and the HOA. Enforced by civil courts.

4 The Problem With Restrictive Covenants: Owners lose track of their covenants or never got them. Homeowners don t know-how to track them down. Or they just don t realize the power of restrictive covenants. Providing association documents is a part of the Indiana Association of REALTORS standard purchase agreement.

5 Reality Check: It s Your Problem, Too! Restrictive covenants are not law, but they are enforceable via a civil court action. Homeowners must comply. Fights over covenants violations get violent and expensive. Neighbors fight neighbors, the courts get involved. EVERYONE LOSES!

6 A Case In Point: Right Here In Fort Wayne In a quiet, established neighborhood, a property owner built a detached shed on his property. Assumed he could do what he pleased with his property. He Was Wrong: The shed violated association covenants.

7 A Case In Point: Right Here In Allen County The association challenged construction of the shed. Homeowner claimed he wasn t aware of the rules, challenged the covenants. Result? Years of mediation and an 8-month court case that drained association resources and started a war between neighbors.

8 Yes, A Civil War (Can You Spell Secede?) In 2008, after the court case was over, the homeowner fought back. He went door-to-door, gathering signatures to AMEND the covenants. Needed 60% of his neighbors to sign a petition agreeing to a change. He got it.

9 It Can Get Worse (Believe It Or Not) Violence Over Association Business HOAs Is Rare, But Increasing Sept.6, 2012 (Louisville) Two people shot and killed. Dispute over a driveway and fence height (Chicago) One HOA board member killed, one wounded. Fight over building rules (Arizona) Condo association board member killed by man upset over problems with airconditioning units and an awning. Anything You Can Do To Avoid Contentious Disputes Is Worth the Effort

10 So What Can You Do About It? Ignorance of the law is not a defense. It in fact IS the homeowner s responsibility to comply with the requirements of their covenants. However Promoting BROAD awareness of your association s covenants creates the best chance of harmony your neighborhood. That s where YOU come in.

11 Allen County s Neighborhood Resource Center: County Recorder s Office is the only complete database of neighborhood covenants. Covenants and amendments must be recorded in order to be enforceable. Electronically available and searchable in the County Recorder s Office. Over 8,000 documents in all.

12 Allen County s Neighborhood Resource Center: Available online via our Neighborhood Resource Center: Downloadable as PDFs. Subdivision maps, association contact information and more. Service is free.

13 Allen County s Neighborhood Resource Center:

14 Allen County s Neighborhood Resource Center:

15 Property Fraud Alert According to the FBI, Property and Mortgage fraud is the fastest growing white-collar crime in the United States. Although this type of crime is rare in Indiana, it is on the rise nationwide. The Allen County Recorder's Office has taken a proactive step to provide you with one tool for staying ahead of criminals who prey on property owners. Property Fraud Alert is an internet-based system that automatically alerts you via or phone, each time a document that includes your name is recorded in the Allen County (Indiana) Recorder's Office. Here is the best part...the service is free.

16 Signing Up is Easy Available online on our home page at: Or Simply call the office we will sign you up over the phone

17 Signing Up is Easy Property Fraud Alert is available in other counties also so be sure to pick Allen County Indiana. Enter your name and phone number or . That s it! You will be notified if anything is recorded in our office with your name on it. Gives you peace of mind knowing your real estate is protected.

18 Questions? Any Questions on the Neighborhood Resource Center or Property Fraud Alert? Thank You, Anita Mather Allen County Recorder

19 Contact the Allen County Recorder s Office Address: 1 East Main Street, Room 100 Fort Wayne, IN Phone: (260) recorder@allencounty.us On the Web: