New Question - Assigns meaning?

Started by TimB4 • 1 replies • 224 views

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TimB4 (Tennessee)
Posts: 21,059

Posted:

Within Covenants, one runs across the phrases:

The Developer and or assigns . . .

The Developer, and or its heirs and assigns. . .

The Developer, it's successors or assigns. . .

The question is, is the Association considered a successor or assign?

I have some resources on the issue but haven't drawn a conclusion. Opinions welcomed.

SUCCESSORS AND ASSIGNS paper from a law school

For an HOA, is the HOA a "successor or assign" of the Declaration of the Covenant (i.e., the developer)?

CAN DECLARANT’S RIGHTS BE ASSIGNED? from a TN attorney blog

What is a Declarant? from a management company

Elle and I have touched on this offline.
I'm leaning to her opinion that a specific document transferring rights/responsibilities OR specific language within the covenants is required in being a successor or assign of the developer.

Again, I'm open to opinions.

MarkS42 (North Carolina)
Posts: 70

Posted:

Successors and assigns are required to perform the agreement in the same manner and extent, that the parties would be required to perform it if no succession or assign had taken place. IMO, I could not see how an HOA would be considered a successor or assign of a developer. The HOA would not be able to complete the building of a condo complex or home development.

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