Covenant Wording

We amended our covenants in 2016.

New Covenants states:

All the number lots on the recorded plat shall be subject to an annual maintenance charge or assessment at the rate not to exceed one hundred seventy-five dollars ($175.00) per year. The first assessment of $175.00 shall be due and payable on January 1, following the date the deed is delivered to the Purchaser of a lot in the subdivision from the XXXXXXXXX Homeowners Association, and thereafter shall be due and payable in advance on each and every succeeding January 1.

Does this mean what I think it does, that the first assessment isn't due until the HOA sells me my lot?

Nothing hard on establishing a timeline

These are amended covenants. Look at the words of the Kick-in clause

Following the date the deed is delivered to the purchaser of a lot in the subdivision from the XXXXX Homeowners Association.

When we amended them, this was in the originals and obviously the part that now shows the Homeowners Association was in the name of the Developer.

Does this actually mean, that until the XXX Homeowners Association delivers to the purchaser a deed to the lot (obviously they can't) there is no requirement to pay HOA Dues?

Well, you folks approved an amendment that says you don't owe any assessments unless you purchased your home from the HOA. Interesting that an HOA would be in the business of selling real estate.

Equally interesting is the restriction of assessments to $175 per year. Forever.

Did anyone actually read this amendment before approving it?

Actually, I just purchased into a development that has similar wording.
In my case, it's only $50 per year and hasn't changed for 10 years.

The amount can change, but it requires amending the CC&Rs.
With no common amenities and only an entrance sign as the common area, it works.
It also keeps the Board from going off on tangents and keeps them focused on simply maintaining the common area.

Below is the entire section to the Amended C & R's

V. Homeowners Association and Maintenance Charges

1. The XXXX Homeowners Association is a non-profit corporation. The membership will consist of the owners of lots in XXXXX subdivision, Sections I and II. There shall be one vote for each lot for which dues are paid.

2. All the numbered lots on the recorded plat shall be subject to an annual maintenance charge or assessment at the rate not to exceed one hundred seventy five dollars ($175.00) per year. THE FIRST ASSESSMENT OF $175.00 SHALL BE DUE AND PAYABLE ON JANUARY 1, FOLLOWING THE DATE THE DEED IS DELIVERED TO THE PURCHASER OF A LOT IN THE SUBDIVISION FROM THE XXXXXX HOMEOWNERS ASSOCIATION, AND THEREAFTER SHALL BE DUE AND PAYABLE IN ADVANCE ON EACH AND EVERY SUCCEEDING JANUARY 1.

The assessment of $175.00 herein provided shall remain effective for a period of one year after the date these covenants are executed. Thereafter, the assessment shall remain the same until it is increased, deceased or discontinued, as from time to time may be determined by the XXXXX Homeowners Association.

3. All sums payable as set forth above shall be payable to the XXXXXX Homeowners Association for the purpose of the following:

Then there is a long list of typical items such as mowing the common area.

6. The annual charge shall constitute a lien or encumbrance on the land and acceptance of each of the several deeds of conveyance shall be construed to be a covenant by the Grantee to pay said charge, which covenant shall run with the land and be binding upon the Grantee and his successors and assigns. The XXXXXX Homeowners Association shall have the exclusive right to take and prosecute all actions or suits legal or otherwise (DOES THIS MEAN THEY CAN FILE ILLEGAL SUITS?) which may be necessary for the collection of said charges.

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There are so many issues with the Amended C & R's, it's almost incomprehensible.

My focus is on item 2. Is this a kick-in clause? Did we reset the clock here with these amended covenants? THE FIRST ASSESSMENT OF $175.00 SHAL BE PAYABLE ON JANUARY 1, FOLLOWING THE DATE THE DEED IS DELIVERED TO THE PURCHASER OF A LOT IN THE SUBDIVISION FROM THE XXXXX
HOMEOWNERS ASSOCIATION, AND THEREAFTER SHALL BE DUE AND PAYABLE IN ADVANCE ON EACH AND EVERY SUCCEEDING JANUARY 1.

Yes you are. As a member of the Association, you are a defendant. You are simply allowing the elected Board to handle the situation for you.

Not to play lawyer but:

AS IS:
All the number lots on the recorded plat shall be subject to an annual maintenance charge or assessment at the rate not to exceed one hundred seventy-five dollars ($175.00) per year. The first assessment of $175.00 shall be due and payable on January 1, following the date the deed is delivered to the Purchaser of a lot in the subdivision from the XXXXXXXXX Homeowners Association, and thereafter shall be due and payable in advance on each and every succeeding January 1.

MODIFIED:
All the number lots on the recorded plat shall be subject to an annual maintenance charge or assessment at the rate not to exceed one hundred seventy-five dollars ($175.00) per year. The first assessment of $175.00 shall be due and payable on January 1, to the XXXXXXXXX Homeowners Association following the date the deed is delivered to the Purchaser of a lot and thereafter shall be due and payable in advance on each and every succeeding January 1.

The modification does not stipulate where the deed came from. I also think it has to be worded that the assessment is subject to changes. Also the Covenant does not stipulate a home has to be on the lot.

I should not play lawyer........LOL

Said resignation is from the CORPORATION only.

NOT, repeat, NOT, from the HOA itself.

One can not 'resign' from RECORDED Covenants and Restrictions.

Said resignation merely removes oneself from under the 'corporate shield'.

One would STILL be a member of the HOA, albeit w/o any vote or input into the operation of the CORPORATION.

? Don't believe me ?

Consult your attorney.

I LOVE THE BRAIN TRUST OF ALL OF YOU. Thank you Pita, There are so many layers, I hadn't thought about that. Hey, I wasn't resigning, I was going to tell somebody else to do it!!!!