Conflicting By-Law and Convenant

My association is 26 homes. We have two common areas designated as Tracts A and B. The Plat recording states that each property owner has a 1/26th ownership in both Tracts. Tract B is a storm water retention pond and Tract A is a steep slope/green belt that has a part of the storm water system on it.

The problem we have is that there is a Storm Water Covenant that specifically states that Lots 1-20 are covered by this covenant and responsible for the storm system maintenance and pay an assessment for this. The other 6 lots have their own on-site storm water systems and are not tied into the storm water system. We also have a By-Law that states that annual and special assessments shall be fixed at a uniform rate for all lots.

This has caused some issues as the owners listed on the storm water covenant believe that the other 6 lots should pay the storm water assessment because of what the By-Law says. The 6 lots disagree because they are not covered or listed on the storm water covenant.

Is this a situation that will require an amendment to clear up or do the By-Law or Covenant hold more weight than the other?

Hi Joseph:

I agree with Melissa there should be a statement on which document supersedes and the CCR is the more legal binding document because it is the document attached to the properties generally via the Warranty Deed. This is also the document which takes the majority of homeowners to amend because of being attached to the property.

The bylaws are in essence the Corporate document on how to run the corporate meetings, voting procedures, officer job descriptions, etc. And in many HOA’s can be amended by the board without membership vote, unless CCR or state statutes forbid

The Covenant potentially should hold more weight. If you do not find anything in the CCR’s after thoroughly reading let us know and we will try to help by looking at your State statutes.

Joseph,

Let us disect this. "Storm Water Covenant that specifically states that Lots 1-20 are covered by this covenant and responsible for the storm system maintenance and pay an assessment for this. The other 6 lots have their own on-site storm water systems and are not tied into the storm water system. We also have a By-Law that states that annual and special assessments shall be fixed at a uniform rate for all lots.

1 thru 20 pay for storm system maintenance and pay assessment for this.

6 lots . seperated, pay for there own system (they are seperate from the 1-20)

A Bylaw say that--"We ALSO have a By-Law that states that annual and special assessments shall be fixed at a uniform rate for all lots. ALSO is the key word here!

The question is--ARE THE ANNUAL AND SPECIAL ASSESSMENTS ONE AND THE SAME AS THE STORM WATER ASSESSMENTS OR ARE THEY FOR OTHER ITEMS NOT SPECIFICALLY MENTIONED? Could it be that this particular bylaw is directed at other common expenses which are not mentioned? Common areas or common amenities, streets, lights, security or something else?