That type of declaration affects all the lots in a subdivision or condominium after it has been recorded in the land records by the developer. Any purchaser that buys a lot or unit is subject to the terms and provisions set forth in the declaration.
Restrictive covenants can govern lot size, building type and use, square footage of dwellings, garage size, architectural style, building lines, construction of out buildings, construction of pools, fences, shrubs, wetland buffer zones, noise, pets, etc. The right to amend the terms is usually reserved as well as the right to grant easements in the future. Fees can be assessed for upkeep and maintenance of common areas within a subdivision. The foregoing is only a small sampling of terms and provisions that can be included.
Yes. If you purchased property that was subject to a recorded Homeowner's Association Declaration of Restrictions and Covenants then you must pay the fees. The rules are in the declaration and you can review them at the local land records office.
The town can enforce some restrictions that are necessary for compliance with local ordinances, but the abutters and purchasers of the subdivision would have standing to sue on any of the other restrictions that ran in their favor.
It is likely that the rules and regulations of the community address the storage of waste and the upkeep of the properties under the authority of the homeowner's association. You need to review all the recorded documents related to the subdivision, especially the Declaration of Restrictions and Protective Covenants and the Rules and Regulations.It is likely that the rules and regulations of the community address the storage of waste and the upkeep of the properties under the authority of the homeowner's association. You need to review all the recorded documents related to the subdivision, especially the Declaration of Restrictions and Protective Covenants and the Rules and Regulations.It is likely that the rules and regulations of the community address the storage of waste and the upkeep of the properties under the authority of the homeowner's association. You need to review all the recorded documents related to the subdivision, especially the Declaration of Restrictions and Protective Covenants and the Rules and Regulations.It is likely that the rules and regulations of the community address the storage of waste and the upkeep of the properties under the authority of the homeowner's association. You need to review all the recorded documents related to the subdivision, especially the Declaration of Restrictions and Protective Covenants and the Rules and Regulations.
Debt Covenants
Covenants are typically recorded in legal documents such as deeds, contracts, or property records. These documents outline the rights, obligations, and restrictions that apply to a property or agreement.
The covenants -- usually conditions, covenants, restrictions and regulations (CC&Rs) are land use documents filed by the developer when the project is developed. By-laws are employed to operate the association day-to-day. Your association's counsel can answer the question as to whether both are 'required'. Both are ultimately useful and go hand-in-hand in the best run communities.
You should check with your local legal service.
A covenant bond is a type of debt security issued by a corporation that includes specific terms and conditions, known as covenants, that the issuer must adhere to. These covenants typically include restrictions on the company’s financial activities to protect the interests of bondholders. Violating these covenants can lead to penalties or default on the bond.
All common interest communities, including condominiums, are private democracies that operate under a set of governing documents. These include Conditions, Covenants, Restrictions and Regulations -- CC&Rs -- a declaration of the guidelines for the community.Over time, CC&Rs have earned the nickname of decs.Other governing documents include Articles of Incorporation, By-Laws and so forth, depending on the community.
In the original Declaration of Subdivision Covenants the developer would have had to reserve the right to amend the declaration (in the body of the declaration) and then assign that right to the homeowner's association. You can review those documents at the land records office.
You can think of the covenants -- properly, covenants, conditions, restrictions and reservations (CC&Rs) or decs (condominium declaration) -- as the association's constitution.The By-Laws, then, are amendments to that constitution.Together, and with any board resolutions and board meeting minutes, all these documents make up the governing documents for an association.Different documents require different vote percentages of the membership -- owners -- to modify or amend. Usually, it's more difficult to amend the CC&Rs than it is to amend the By-Laws.Only the board votes on resolutions and only the board votes on issues brought to board meetings.
Johnston Valentine Best has written: 'The law governing restrictions and restrictive covenants' -- subject(s): Covenants, Deeds, Equity pleading and procedure, Real property