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An action to enforce townhome covenants is, in fact, a legal or equitable action on a contract or written instrument—and so any enforcement action must be brought within five years.
An affirmative covenant is one in which property owners must actively perform a specific activity, such as keeping the lawn tidy or paying homeowner's association dues for the upkeep of the surrounding area. An agreement not to open a competing business on adjacent property is generally enforceable as a covenant running with the land.
HOA board members and homeowners have responsibilities. Check over the laws to make sure they’re being followed.
However, a significant defect in many private transfer fee covenant statutes is a provision for property owners to discharge a private transfer fee covenant, (and the owner's liability for an unpaid private transfer fee covenant) merely by filing an affidavit alleging lack of response to a notice, yet neither due process (which requires notice ...
The HOA's governing documents generally "run with the land", which means that all current and future owners of property within the HOA will be bound by them as a condition of property ownership. They usually include: The covenants, conditions, and restrictions (CC&Rs) of the subdivision. These are likely the most important documents affecting ...
The role of a homeowners' association is to govern the community and ensure appreciation of property values through rules and regulations. ... To create new rules or enforce current rules, the HOA ...
Louis Kraemer, who lived ten blocks away, sued to prevent the Shelleys from gaining possession of the property. The Supreme Court of Missouri held that the covenant was enforceable against the purchasers because the covenant was a purely private agreement between its original parties. As such, it "ran with the land" and was enforceable against ...
Under Davis–Stirling, a developer of a common interest development is able to create a homeowner association (HOA) to govern the development. As part of creating the HOA, the developer records a document known as the Declaration of Covenants, Conditions, and Restrictions against the units or parcels within the HOA with the county recorder.