DennisK1 (South Carolina)
Posts: 2
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")?
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")?