Subdivision covenants can protect us from ourselves

Covenants protect everyone in a subdivision, but never underestimate the power of the residents’ association, says

Whether we like it or not, rules are a part of life. But many of us are especially stubborn about our properties – we don’t like being told what we can and can’t do.

Today, however, most new subdivisions come with covenants, and many can be restrictive, with the best intentions. Developers (and homeowners) want to ensure property values don’t drop because someone has painted their house bright yellow or put up an ugly unpainted fence. It’s much easier to sell a property or section when buyers know “standards” apply.

In Paerata Rise, near Pukekohe, for example, there are strict rules about fences – they must be painted black and can’t block the front of the house. Letterboxes must be a certain design, and even the garden plants out front are specified. You need to keep those colourful dahlias out of sight around the back.

More importantly, the materials, colour and design of the houses also need to be approved. There are a lot of black and grey roofs, and black, white, grey and cedar-clad houses.

Chris Johnston, executive director of Grafton Downs, the developer of Paerata Rise, says the rules protect the look and feel of the development.

Fences are not permitted in the front as they like to encourage passive security. For the same reason, living areas are at the front of houses, so people can see what’s happening in the street. And painting the fences black ensures they

recede from view when there are plants in the foreground.

The development also requires standalone houses to be different from the immediate neighbours, in design, colour and materiality – to avoid “cookie-cutter” streets. It all makes sense.

‘Residents’ association wields a lot of power’

As with most newer subdivisions, it’s the residents’ association at Paerata Rise that will come down hard on anyone who breaks a covenant.

“The residents’ association wields a lot of power, and that’s on the property title,” Johnston says. “It can request the owner to fix the problem. And, if necessary, the rules allow the association to go on to the site and rectify the breach, then charge the owner for it.

“Sometimes, we will find someone has put up a fence where it is not permitted, but it is very uncommon.”

At the Rangitahi Peninsula subdivision in Raglan, the covenants forbid cats. And it’s all in a good cause. A spokesperson says the development has a focus on building a sustainable neighbourhood, which means protecting the native flora and fauna. There is a lot of regenerative planting and native birdlife.

Oceanside Waiwhakaiho in New Plymouth has also banned cats completely, and we can expect more subdivisions to follow suit, notably those with wetlands and areas of native bush.

But what happens when new

suburbs are allowed to evolve of their own accord?

Grand Designs UK presenter Kevin McCloud, who is currently presenting Grand Designs: The Streets on TVNZ 1, recently expressed his reservations, albeit somewhat tongue-in-cheek, about the amount of “freedom” homeowners had to do their own thing in the neighbourhood.

And this is despite the fact that creative freedom is the basis of these new suburbs.

‘A lifeform that is growing uncontrollably’

As The Streets demonstrates, in a country where uniform terraced housing abounds, these neighbourhoods are “liquorice all-sorts”.

“I did wonder if this place would be like an architectural zoo,” he said. “But a zoo is collected and organised. This is like a new lifeform that is growing uncontrollably. It’s a town without planning.

“That worked in the 16th and

18th centuries because people had limited means and materials from which to build. Now you can build anything, which is what people are doing.

“I’m not sure I like it. All my life

I’ve campaigned for diversity in buildings and in architecture. And now that it’s here, I don’t want it.”

McCloud told us that when there is a complete lack of design codes there will always be people doing odd things: “In Britain we are still stuck in that rut of ‘Look at me, aren’t I different. I’ve wanted to do this all my life. I’ll build a fairytale castle’. Inside it will be really dull, and all you are doing is creating an eyesore for your neighbours”.

In New Zealand, people who don’t like the idea of covenants may choose to build on an infill site, or demolish an existing house. But the council regulations on the new-build could be just as restrictive – even more so if it is a heritage zone.

If you demolish a bach in certain parts of Coromandel Peninsula, your newbuild will be bound by council regulations that will include what you can and cannot plant at the front, and the colour of your house – despite what existed before.

All these regulations have our best interests at heart – we could be the neighbours aghast at what is happening next door. And protecting the natural environment has to be a good thing.

But there will always be that compromise between “creativity” and “toeing the line”. We either accept it or we buy elsewhere.