The following are some of the most frequently asked questions (and corresponding answers) received by members of the Deed Restriction Enforcement Team regarding deed restriction matters and the City of Houston's authority to enforce them:
Question #1: Why is the City's Legal Department involved in the enforcement of deed restrictions? Doesn't the City of Houston have zoning? Answer #1: The City of Houston is not zoned. Therefore, it is in the City's interest to help with the enforcement of recorded deed restrictions for the protection of persons who purchase property in restricted subdivisions, for the benefit of all residents, citizens, and taxpayers of the City, and to promote the health, safety, morals, and general welfare of the City.
Question #2: Is there one set of recorded deed restrictions for the entire City of Houston? Answer #2: No -- deed restrictions adhere to subdivision lines. Example, the recorded deed restrictions for Oak Forest subdivision are valid for only those lots located within the platted area of that particular subdivision. Also note that within the platted subdivision, there could also be the possibility of different sections.
Question #3: How do I get a copy of my deed restrictions? Answer #3: For most people living in the City of Houston, their property is located in Harris County, so please contact the Harris County Clerk's Office at (713)755-6411 and request a copy. If you wish to go to the Harris County Clerk's Office and obtain a copy in person, they are located at 1001 Preston (inside the Harris County Administration Building), fourth floor, in downtown Houston. If your property is not located in Harris County, then contact the clerk's office of the county where the property is located within (example: the Montgomery County Clerk's Office would be the custodian-of-records for deed restriction records for properties located in Montgomery County) and request a copy of the recorded deed restrictions. Each county charges a nominal fee for copies. A helpful hint - try and have the property's legal description (lot & block number, as well as the name of the subdivision where the property is located) when requesting the records.
Question #4: Who can lodge a complaint regarding an alleged deed restriction violation? Answer #4: Any resident of the City of Houston can lodge a complaint with the Deed Restriction Enforcement Team - an individual, a neighborhood group, or a civic club representative. Please note that we will stay in contact with the complainant and if the matter goes to court, then we will request that the complainant appear as a witness for the City of Houston.
Question #5: Does an abandoned vehicle qualify as a deed restriction violation that the Deed Restriction Enforcement Team can help with? How about a property that has an excessive amount of junk or debris on it? Answer #5: No -- however, these matters do fall under the City's nuisance ordinances and can be reported to the Planning & Development Department's Neighborhood Protection Team by calling 311. The citizen will be given a tracking number. To check on the status of such complaint, the citizen should call 311 again and relate the tracking number. To speak to Neighborhood Protection directly, a citizen may call 713.218.5500.
Question #6: How much does it cost to have the Deed Restriction Enforcement Team pursue a complaint? Answer #6: $0 -- there is no fee charged.
Question #7: After lodging a complaint, what further involvement is needed from the person making the complaint? Answer #7: The Deed Restriction Enforcement Team relies on the complainant to keep it informed as to the daily activity of the violation. And if necessary, when the City takes the property owner and/or tenant to court, the complainant will be asked to appear as a witness at trial for the City. See our section on what the City needs to prove a deed restriction violation for more detailed information.
Question #8: Can an attorney from the Deed Restriction Enforcement Team give advice to a private citizen or civic club regarding interpretation of recorded deed restrictions? Is that same attorney available to directly help residents of a subdivision renew/revise/or extend recorded deed restrictions? Answer #8: No -- attorneys from the City's Legal Department may not give advice or offer an opinion (examples: interpret language in a legal document or provide advice on legal procedures) to private citizens or civic clubs. Individuals and organizations must seek out the services of a private attorney.
Question #9: Is the amount of time that a violation has existed a factor in determining whether the City of Houston can pursue a property owner for violation of deed restrictions? Answer #9: Yes -- if the property in question has been in continuous violation of deed restrictions since prior to August 1965, then the City cannot pursue a lawsuit to enjoin (stop) the violation. However, if the violation started after that date, the City does have statutory (meaning it has been given to the City by the Texas Legislature) authority to pursue a lawsuit to enjoin (stop) the violation.
Question #10: What is needed by the Deed Restriction Enforcement Team to prove that a violation of deed restrictions is occurring? Answer #10: Photographs, eyewitnesses, logs of activities, and documentary evidence are all examples. See our section on what the City needs to prove a deed restriction violation for more detailed information. We also have a downloadable activity log form that can be used by complainants.
Question #11: How does the process work in regards to lodging a complaint? Answer #11: Once the Deed Restriction Enforcement Team receives a complaint, through the mail, from a Council Member, or on the Deed Restriction Hotline, it :
Obtains (through its own title plant) copies of the recorded warranty deed and deed restrictions for the property where the alleged violation is occurring (this is where the City establishes who owns the premises, that the property in question has valid deed restrictions, and that the activity being complained about is in fact prohibited by the deed restrictions);
An investigation is performed (using the Deed Restriction Enforcement Team's own investigators and members of other City departments) to establish that the activity being complained about is in fact taking place*; and
The matter then goes before a staff meeting of attorneys from the Deed Restriction Enforcement Team where the recorded deed restrictions, evidence (or lack of), and other essential factors are examined. It is at this point in the process that the decision is made to (A) send the property owner / tenant a Notice Letter informing him/her that he/she is in violation of the recorded deed restrictions, (B) send the original complainant a letter stating that the file will be closed and the corresponding reasons, (C) or that the matter needs further investigation. Before a lawsuit is filed against a property owner / tenant to enjoin (stop) him/her from violating the deed restrictions, the file is again taken to a staff meeting to ensure that there are sufficient witnesses (these can be neighbors affected by the activity, City investigators, or others with first-hand knowledge of the violation), and supporting evidence.
*Please note that any assistance from the community (this could be the original complainant, the local civic club or homeowners' association, or any individual living in the affected subdivision) is greatly appreciated and an essential part of the Deed Restriction Enforcement Team's investigation.
If you have other questions, please contact the Deed Restriction Hotline at 713.437.6769.
