Restrictive Covenants apply to all CHP properties

Our subdivision was founded by Denton Development Company in the early 1960's. Denton attached community rules to all residential property deeds known as Restrictive Covenants. These on-going requirements travel with the land in perpetuity and some homeowners may not be aware of their existence or enforceability. 

Denton's Covenants consist mostly of dwelling standards and behavioral rules (summary below). They take precedent over state and local regulations unless otherwise prohibited by law. For example, while city ordinances may allow housing poultry or livestock, the Covenants do not. The Covenants are not CHPNA edicts and the voluntary association is not responsible for their phrasing nor obligated to clarify their scope. 

Denton filed the Covenants in groupings known as Units which dictate enforcement protocols as noted herein. CHP has a total of 10 Units (see map below), however Covenants were not filed for Units #6, #9 and #10 which contain commercially zoned lots. Most property deeds clearly indicate the Unit designation.

Within the 7 Units which received Covenants, no property is exempt. The filings can be found in the Bexar County property records and are typically acknowledged by a buyer during the closing process. It is incumbent upon a potential buyer to conduct due diligence prior to purchase of property within the subdivision. Real estate experts warn that gaps in archival records are not uncommon for older subdivisions, but will not establish a legal exemption from the Covenants. 

Examples of longstanding CHP Restrictive Covenants:

• Most lots are limited to residential use and one single-family home.
• Most dwellings are limited to one story, but some lots allow up to two stories.
• The main floor of all dwellings must exceed a specified minimum square footage.
• Dwellings shall be constructed of at least 75% masonry.
• Dwellings constructed elsewhere, such as mobile homes, are prohibited.
• Sheds, garages, trailers, tents and other out-structures may not be used for habitation.
• Yards must be kept clear of rubbish. 
• Yard signage is prohibited with few exceptions as allowed by law.
• Landscaping of corner lots must not interfere with driver visibility.
• Fences may not extend into the front yard past the dwelling’s façade.
• Household animals are limited to dogs and cats; commercial breeding is prohibited.
• Noxious or offensive activities which cause neighbors annoyance or nuisance are prohibited.

Potential Amendments:

Current and potential homeowners are advised that the Covenants may be amended at any time by majority approval of the current property owners within a respective Unit. Properly ratified amendments then become applicable to all properties within the Unit once filed with the County. In recent years, several Denton subdivisions have passed amendments phasing out Short Term Rental properties altogether or enacted stricter property maintenance standards.

Enforcement:

CHP was established as an owner-managed subdivision without a centralized authority such as a mandatory HOA. As such, each property owner is legally empowered to demand remedy of  Covenant violations within his respective Unit. This includes seeking a court order when necessary, and the prevailing party may be awarded reimbursement of related legal expenses. CHPNA is not empowered to demand compliance with the Covenants, but it can be formally authorized to represent a property owner. The City of San Antonio has no jurisdiction to enforce the Covenants, however its ordinances often establish similar requirements.