Different covenants for different lots?

Hi there, does anyone know if covenants can be varied for different lots?
For example if several lots have existing improvements and others have a lessor upgrade, can covenants treat those lots differently (in the same subdivision) or even exclude them entirely?
Asking from a legal perspective! Let’s assume the HOA does everything right in the writing and implementing the covenants.

TL;DR can you write covenants for lots 1 through 300 and omit lots 64 through 78 (for good cause)?

Thanks!

Cecil

I agree with Mel. It is possible, and common, to have a Master HOA that has sub-HOA's. Typically the sub-HOA's will have their own Covenants and their own BOD with their BOD President have a Directors seat on the Mother HOA's BOD.

I say easy to include them is some way but you probably cannot eliminate them.

Thanks for the great feedback.
Regarding “nesting” HOAs, do you think an HOA with lesser restrictions could be nested within another?
We are trying to raise the stakes on some covenants (this is what the residence want) but some lots cannot be conformed do to their configuration and some common elements like frontage fences.
Any other feedback is greatly appreciated!

So are you trying to ADD elements to your HOA? That means a different angle when you modify the CC&R's. Are you wanting to make it a requirement to have fences? That's not necessarily a good idea as fences causes multiple issues. Our HOA we approved fences but we never maintained them. However, if a fence was deemed dangerous then we could make the owner do repairs or take it down.

Be careful of what you wish for situation. I wouldn't necessarily add additional items. Would want more restrictions on maintaining what you already have.

PS MelissaP1
all properties in the neighborhood with frontage already have fencing put in at the time of development. Looking for new ways to make sure that they are maintained and uniform. Thanks!

Yes.

I have managed several properties with covenants that only applied to certain lots. Examples: One HOA had fencing requirements that varied whether you had a corner lot or backed up the greenbelt. I had another HOA that had some streets with alleys and some streets without - streets without alleys had to screen their trash cans. Another HOA had one section of zero lot line houses, the HOA did their landscaping and they paid a higher assessment as a result. Another HOA - some lots had backyards visible from the public street and they had restrictions on the kinds of structures allowed in their backyards. Another HOA had varying requirements for the number of trees and shrubs in a yard based on whether it was a corner lot and the size of the yard.

I once looked for a home in Winchester where the developer had different covenants for each block (they messed up on how they recorded them), however it was one Association.

Basically, to do this, the covenants would have to be amended via the procedures outlined within the document.
This is not an easy task, but it can be done.