If an amendment does not receive the requisite votes in support, or if the amendment protocol is not followed, the covenant will be unenforceable if challenged. This allows objecting homeowners the opportunity to organize votes in opposition.

Once an amendment is proposed, homeowners typically have a right to receive advance written notice of the proposed amendment and the homeowner meeting at which it will be considered. Typically, an amendment must be proposed by a majority of the HOA’s board, or by a written petition signed by a sufficient percentage of homeowners. Likewise, many associations have a precise protocol for imposing new covenants or restrictions.

A validly enacted restriction is binding on homeowners “unless the restriction is arbitrary, imposes burdens on the use of lands it affects that substantially outweigh the restriction’s benefits to the development’s residents, or violates a fundamental public policy.” Nahrstedt v. The general standard is that a “reasonable” covenant that promotes a substantial interest of the community will probably be upheld. Like any other contract, an HOA covenant is presumed to be enforceable as written-absent some reason why it should not be enforced.

And, indeed, courts reviewing HOA covenants interpret them similarly to how they interpret other contracts. At its core, a declaration is like a contract between the HOA and all the individual members of the association. And, in exchange for undertaking those obligations, homeowners have a right to expect the association and their neighbors to equally perform as required. When purchasers take title to a property within an HOA, they implicitly accept and agree to abide by the community’s declaration.

Pine ridge club village hoa covenants