Generally, yes. Those rights can be assigned.
You need to consult with an attorney who specializes in real estate and litigation who can review your situation and explain your rights and options.
Review your governing documents to determine the process by which your covenants can be amended. There is no standard, and the guidelines vary by state.
A civic association gathers and operates around a civic principle. A homeowners association is a land-use covenant made with the local municipality, county and state that gathers and operates real estate around a set of covenants, conditions, restrictions and reservations. Generally, membership in a civic association is optional; membership in a homeowners association is mandatory when a person purchases property within the boundaries of the association's land plat.
Removing a lien or liens does not require covenant amendment. It will be easier for the board not to file a lien in a given situation, than to remove this collection tool from its options. Assessments -- not dues -- are owed by owners and pay for the operation of the community.
Whether it's done to obey local ordinances, to comply with a homeowners' association covenant, or just in being a good neighbor, keeping up the appearance of your lot, especially with regard to landscaping, is probably paramount.
Covenant enforcement -- in any state -- is the responsibility of the association's board of directors. You can find the process in the Bylaws under Enforcement.
Mark S. Sexton has written: 'The chalice and the covenant' -- subject(s): African American Baptists, New Covenant Baptist Association
Each document details the process to amend or change or modify it. Best practices dictate that you work with an attorney to change any covenant contained in the association's governing documents.
Recorded covenants may be enforced by anyone who is a victim of the covenant violation. That person or persons may file a lawsuit for injunctive relief prohibiting violation of the covenants in any court having jurisdiction over the matter.Another AnswerSome governing body defined the covenants and that governing body must have an enforcment process. Chat with the city attorney or the local sheriff to verify the covenants you believe are being violated, and then research who you go to to effect enforcement.(Both answers are giving the same advice.)
Since your HOA fees are separate from your mortgage and you have to keep up, you need to show up with some kind of arrangements to pay the fees. Otherwise a bench warrant will be issued. This is the reason to stay away from Homeowners Associations. They are buried in with Protective Covenants that can foreclose on any house they choose if one of any Covenant rules are broken, though most are not followed. The association is part of that covenant.
No. A restrictive covenant restricts the use or occupancy of real estate such as limits on lot size, architectural style, building lines, sight lines, building size, residential use only, types of herbicides/pesticides, fences, pools, signage, landscaping, etc.
Yes, because a covenant means an agreement with God and the Torah describes an covenant.