Covenant
A binding promise or agreement contained in the declaration that requires or prohibits certain actions by homeowners. Covenants run with the land, meaning they apply to all current and future owners. Examples include obligations to pay assessments, maintain property to certain standards, and comply with architectural guidelines. Covenants are enforceable by the association and, in some cases, by individual homeowners.
Example in Context
The covenant requiring all owners to pay monthly assessments was enforceable against the new buyer even though they claimed they never read the CC&Rs before purchasing.
Related Terms
Frequently Asked Questions
Can HOA covenants be changed?
Yes, but amending covenants typically requires a supermajority vote of the membership (often 67% or more) because they are part of the recorded declaration. The amendment must be recorded with the county to be effective. Covenants cannot be changed by board action alone.