All Topics / Help Needed! / Design Guidelines… Enforcable?

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  • Profile photo of surreyhughes19905surreyhughes19905
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    @surreyhughes19905
    Join Date: 2003
    Post Count: 204

    Hi,
    In Melton Vic there is a new estate going up called Botanica Springs. They have “design guidelines” that talk about the style of house and such that is acceptable.
    In the contract of sale there is a section that says:
    The purchaser admits that the property is sold subject to the provisions of the guidelines.

    The guidelines then have a section that says if you want to build any “extensions or ancillary structures” you need to submit your plans to the Design Review board for Botanica Springs prior to getting council approval.

    So… I’m sure you can see there will be conflict. And the question is: Are the guidelines strictly speaking enforcable? I mean if I build a shed in my back yard with council approval (may not be required in many cases) but without going through the Design Review Board can the developer actually make me remove the shed or pay a fine or similar?

    My interpretation is: In signing the contract the purchaser “admits” the property is sold subject to the guidelines but hasn’t agreed to be bound by them (there is a separate section about covenents where the purchaser covenents with the vendor about different stuff). So does anyone have any experience or insight into what “admitting” that a sale is subject to guidelines means?

    I recon they’re just trying to get away with as much control as they can. After all they are just “guidelines” not covenants or easements or council zoning regulations. And the purchaser only admits the prop is sold subject to them.

    Surrey

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