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Declaration of Covenants, Conditions, and Restrictions
This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made and entered into as of this [Date] by and between [Developer Name], a [State] corporation (the "Declarant"), and the [Name of the Association], a [State] non-profit corporation (the "Association").
1. Introduction
1.1. The Declarant is the owner of the real property located in [County], [State] (the "Property"). The Property is to be developed as a residential community (the "Community").
1.2. The Declarant desires to establish and maintain certain covenants, conditions, and restrictions (the "Covenants") for the benefit of the Property and the owners of the lots within the Community.
1.3. The Declarant hereby declares that the Covenants shall be binding upon all owners of lots within the Community, their successors and assigns, and shall run with the land.
2. Purpose
2.1. The purpose of the Covenants is to:
Protect and enhance the value of the Property.
Promote the health, safety, and welfare of the residents of the Community.
Maintain the aesthetic quality and character of the Community.
Ensure the orderly development and use of the Property.
3. Definitions
3.1. The following terms, when used in this Declaration, shall have the meanings set forth below:
"Association" means the [Name of the Association], a [State] non-profit corporation, or its successor in interest.
"Community" means the residential community located on the Property.
"Covenants" means the covenants, conditions, and restrictions set forth in this Declaration.
"Declarant" means [Developer Name], a [State] corporation, or its successor in interest.
"Lot" means any parcel of land within the Community.
"Owner" means the record owner of a Lot.
"Property" means the real property located in [County], [State], as described in the legal description attached hereto as Exhibit A.
"Residential Unit" means any dwelling unit located on a Lot.
4. Covenants
4.1. Use of Lots:
Residential Use: Each Lot shall be used for single-family residential purposes only. No commercial, industrial, or agricultural uses shall be permitted on any Lot.
Minimum Lot Size: The minimum lot size for each Lot shall be [Number] square feet.
Setbacks: All Residential Units shall be set back from the front property line a minimum of [Number] feet, from the side property lines a minimum of [Number] feet, and from the rear property line a minimum of [Number] feet.
Building Height: The maximum height of any Residential Unit shall be [Number] feet.
Architectural Style: All Residential Units shall be constructed in a style that is consistent with the overall architectural theme of the Community.
4.2. Construction Standards:
Building Codes: All construction on the Property shall comply with all applicable building codes and ordinances of the [County] and [State].
Materials: All exterior materials used in the construction of Residential Units shall be of high quality and durable.
Landscaping: All Lots shall be landscaped in a manner that is consistent with the overall landscaping plan for the Community.
4.3. Maintenance:
Exterior Maintenance: Each Owner shall be responsible for the maintenance of the exterior of their Residential Unit, including the landscaping, painting, and repairs.
Common Areas: The Association shall be responsible for the maintenance of all common areas within the Community, including the streets, sidewalks, parks, and recreational facilities.
4.4. Architectural Control:
Architectural Review Board: The Association shall establish an Architectural Review Board (the "Board") to review and approve all plans for the construction, alteration, or addition to any Residential Unit.
Board Approval: No construction, alteration, or addition to any Residential Unit shall be commenced without the prior written approval of the Board.
Board Standards: The Board shall have the authority to establish and enforce standards for the design, construction, and maintenance of Residential Units within the Community.
4.5. Assessments:
Association Dues: The Association shall have the authority to levy assessments upon the Owners of Lots within the Community to cover the costs of maintaining the common areas and operating the Association.
Assessment Payment: All assessments shall be due and payable on the first day of each [Month].
Delinquent Assessments: Any assessment that is not paid within [Number] days of the due date shall be considered delinquent. The Association shall have the right to impose late fees and interest on delinquent assessments.
4.6. Enforcement:
Enforcement Authority: The Association shall have the authority to enforce the Covenants.
Enforcement Procedures: The Association shall establish procedures for the enforcement of the Covenants.
Legal Action: The Association shall have the right to take legal action to enforce the Covenants.
5. Amendments
5.1. The Covenants may be amended by a majority vote of the Owners of Lots within the Community.
6. Severability
6.1. If any provision of the Covenants is held to be invalid or unenforceable, such provision shall be struck from the Covenants and the remaining provisions shall remain in full force and effect.
7. Governing Law
7.1. The Covenants shall be governed by and construed in accordance with the laws of the [State].
8. Notices
8.1. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
If to the Declarant:
[Declarant Address]
If to the Association:
[Association Address]
If to an Owner:
[Owner Address]
9. Binding Effect
9.1. The Covenants shall be binding upon and inure to the benefit of the Declarant, the Association, and the Owners of Lots within the Community, their successors and assigns.
10. Entire Agreement
10.1. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Waiver
11.1. No waiver of any provision of the Covenants shall be effective unless in writing and signed by the party against whom enforcement is sought.
12. Exhibit A
12.1. Exhibit A, attached hereto, contains a legal description of the Property.
IN WITNESS WHEREOF, the parties have executed this Declaration as of the date first written above.
[Developer Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
[Name of the Association]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
Exhibit A
Legal Description of the Property
[Insert Legal Description of the Property]
Table of Contents
Introduction
Purpose
Definitions
Covenants
Amendments
Severability
Governing Law
Notices
Binding Effect
Entire Agreement
Waiver
Exhibit A
TLDR
This Declaration of Covenants, Conditions, and Restrictions establishes rules for the development and use of a residential community. The Covenants cover topics such as lot use, construction standards, maintenance, architectural control, assessments, enforcement, and amendments.
Conclusion
This Declaration of Covenants, Conditions, and Restrictions is a legally binding document that establishes the rules for the development and use of the Community. It is important for all Owners of Lots within the Community to be familiar with the Covenants and to comply with their provisions.
Sources:
Sample Declaration of Covenants, Conditions, and Restrictions
This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made and entered into as of this [Date] by and between [Developer Name], a [State] corporation (the "Declarant"), and the [Name of the Association], a [State] non-profit corporation (the "Association").
1. Introduction
1.1. The Declarant is the owner of the real property located in [County], [State] (the "Property"). The Property is to be developed as a residential community (the "Community").
1.2. The Declarant desires to establish and maintain certain covenants, conditions, and restrictions (the "Covenants") for the benefit of the Property and the owners of the lots within the Community.
1.3. The Declarant hereby declares that the Covenants shall be binding upon all owners of lots within the Community, their successors and assigns, and shall run with the land.
2. Purpose
2.1. The purpose of the Covenants is to:
Protect and enhance the value of the Property.
Promote the health, safety, and welfare of the residents of the Community.
Maintain the aesthetic quality and character of the Community.
Ensure the orderly development and use of the Property.
3. Definitions
3.1. The following terms, when used in this Declaration, shall have the meanings set forth below:
"Association" means the [Name of the Association], a [State] non-profit corporation, or its successor in interest.
"Community" means the residential community located on the Property.
"Covenants" means the covenants, conditions, and restrictions set forth in this Declaration.
"Declarant" means [Developer Name], a [State] corporation, or its successor in interest.
"Lot" means any parcel of land within the Community.
"Owner" means the record owner of a Lot.
"Property" means the real property located in [County], [State], as described in the legal description attached hereto as Exhibit A.
"Residential Unit" means any dwelling unit located on a Lot.
4. Covenants
4.1. Use of Lots:
Residential Use: Each Lot shall be used for single-family residential purposes only. No commercial, industrial, or agricultural uses shall be permitted on any Lot.
Minimum Lot Size: The minimum lot size for each Lot shall be [Number] square feet.
Setbacks: All Residential Units shall be set back from the front property line a minimum of [Number] feet, from the side property lines a minimum of [Number] feet, and from the rear property line a minimum of [Number] feet.
Building Height: The maximum height of any Residential Unit shall be [Number] feet.
Architectural Style: All Residential Units shall be constructed in a style that is consistent with the overall architectural theme of the Community.
4.2. Construction Standards:
Building Codes: All construction on the Property shall comply with all applicable building codes and ordinances of the [County] and [State].
Materials: All exterior materials used in the construction of Residential Units shall be of high quality and durable.
Landscaping: All Lots shall be landscaped in a manner that is consistent with the overall landscaping plan for the Community.
4.3. Maintenance:
Exterior Maintenance: Each Owner shall be responsible for the maintenance of the exterior of their Residential Unit, including the landscaping, painting, and repairs.
Common Areas: The Association shall be responsible for the maintenance of all common areas within the Community, including the streets, sidewalks, parks, and recreational facilities.
4.4. Architectural Control:
Architectural Review Board: The Association shall establish an Architectural Review Board (the "Board") to review and approve all plans for the construction, alteration, or addition to any Residential Unit.
Board Approval: No construction, alteration, or addition to any Residential Unit shall be commenced without the prior written approval of the Board.
Board Standards: The Board shall have the authority to establish and enforce standards for the design, construction, and maintenance of Residential Units within the Community.
4.5. Assessments:
Association Dues: The Association shall have the authority to levy assessments upon the Owners of Lots within the Community to cover the costs of maintaining the common areas and operating the Association.
Assessment Payment: All assessments shall be due and payable on the first day of each [Month].
Delinquent Assessments: Any assessment that is not paid within [Number] days of the due date shall be considered delinquent. The Association shall have the right to impose late fees and interest on delinquent assessments.
4.6. Enforcement:
Enforcement Authority: The Association shall have the authority to enforce the Covenants.
Enforcement Procedures: The Association shall establish procedures for the enforcement of the Covenants.
Legal Action: The Association shall have the right to take legal action to enforce the Covenants.
5. Amendments
5.1. The Covenants may be amended by a majority vote of the Owners of Lots within the Community.
6. Severability
6.1. If any provision of the Covenants is held to be invalid or unenforceable, such provision shall be struck from the Covenants and the remaining provisions shall remain in full force and effect.
7. Governing Law
7.1. The Covenants shall be governed by and construed in accordance with the laws of the [State].
8. Notices
8.1. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:
If to the Declarant:
[Declarant Address]
If to the Association:
[Association Address]
If to an Owner:
[Owner Address]
9. Binding Effect
9.1. The Covenants shall be binding upon and inure to the benefit of the Declarant, the Association, and the Owners of Lots within the Community, their successors and assigns.
10. Entire Agreement
10.1. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.
11. Waiver
11.1. No waiver of any provision of the Covenants shall be effective unless in writing and signed by the party against whom enforcement is sought.
12. Exhibit A
12.1. Exhibit A, attached hereto, contains a legal description of the Property.
IN WITNESS WHEREOF, the parties have executed this Declaration as of the date first written above.
[Developer Name]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
[Name of the Association]
By: [Name of Authorized Representative]
Title: [Title of Authorized Representative]
Exhibit A
Legal Description of the Property
[Insert Legal Description of the Property]
Table of Contents
Introduction
Purpose
Definitions
Covenants
Amendments
Severability
Governing Law
Notices
Binding Effect
Entire Agreement
Waiver
Exhibit A
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