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DennisK1 (South Carolina)
Posts: 2
Posted:
We have about 300 homes within our subdivision. The developers wrote a set of Restrictive Covenants to include all lot-owners. Later, the residents formed a HomeOwner's Association, and adopted a set of by-laws of the HOA. Now, many years later, there seems to be confusion over which document is legally binding on our residents.
The by-laws of the HOA were voted on by residents who wanted to belong to the HOA. Later, they were filed with the county RMC. In it, there is an article which states that the board "will collect $10 per month from each homeowner" to be used for maintenance. Some members feel that this constitutes a MANDATORY fee from all residents. The developer's made no mention of any regime fees, due, maintenance fees , etc.
Which document do you feel is legally binding (the covenant document states that it is binding on lot owners, and runs "with the title")?
SureshD
Posts: 268
Posted:
Both could be.

GENERALLY speaking...
Restrictive [Deed] Covenants pertain to a piece of personal or real property.
Bylaws pertain to the internal operation of a corporation.
MicheleD (Kentucky)
Posts: 4,491
Posted:
Quote:
Posted By DennisK1 on 06/17/2010 4:45 PM

Which document do you feel is legally binding (the covenant document states that it is binding on lot owners, and runs "with the title")?

I'm not sure about the "by-laws," filed with the county or not.

But the covenant document certainly is -- and it runs with the land, and your HOA can't likely change any single covenant in that document without a specific process hopefully outlined in that document.

But without reading the entire thing, I have no idea how legal the by-laws are or how binding.

RobertR1 (South Carolina)
Posts: 5,164
Posted:
Of course Michele is right.

But maybe the right way to set things straight would be to take what is filed last at the court house and re-write the entire documents. That way you end up with the First Revised Addition the the Master Deed or whatever your documents are called.

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