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Strict covenants with no right-to-buy prevent such properties becoming personal capital.
The appeals court addressed many of those points in spurning the notion that new wilderness areas, with strict covenants limiting human impact, were being created.
In some communities, the desire to save water runs into strict covenants that require homeowners to keep green, perfectly mowed grass of a certain species.
Hanson decided to follow the trend but take it in a new direction: he divided Belle Vue Field into 70 plots, leased them individually and put strict covenants in place, demanding that each house be built in a specific style in order to ensure architectural harmony.
Typically, these lenders would protect their investments by imposing strict covenants on the borrowers: they were not permitted to exceed a certain ratio of debt, could not pay dividends for certain periods, had to maintain a given level of income, and so on.
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"You're talking about two different disciplines," said Mr. Blankenhorn, who favors what he calls the reform of no-fault divorce and supports the strict covenant marriage laws enacted in Arizona and Louisiana.
But a little more than a tenth of the land would be developed — each of about 70 families would get four acres, with design requirements and a strict covenant that the land, now worth $100,000 or more an acre, could not be sold.
The long construction period affected the uniformity of design hoped for by Hanson, as did the fact that building plots were sold individually and at different times: even a strict covenant could not force the owners into designing identical houses.
Then, it would have to abide by the stricter covenants and otherwise less-forgiving terms now demanded by creditors.
We do not find any evidence that the lower loan cost of a high-quality-management firm is associated with more restrictive non-price contract terms such as greater collateral requirements and stricter covenants.
"The concern is how strict the covenant is and who enforces it," Ms. Breen said.
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