Homeowner associations derive authority to carry out the function of enforcing covenants from the declaration of covenants, conditions, and restrictions and the deeds to the property within a development.
A Declaration of Covenants, Conditions, and Restrictions, properly adopted and recorded by the original owner and developer of a homeowner’s association, generally contain reasonable restrictions on the use of land within the subdivision.
The declaration generally establishes the covenants by which all owners within the development agree to be bound; neighborhood uniformity is preserved by enforcing the covenants along with the collective interest of the homeowners.
The Covenants are valid and binding on the original owners of lots within a subdivision, as well as their successors in interest. The Covenants should provide a sufficiently definite description of the land to be burdened by the provisions of the Covenants.
Absent any ambiguous language, the words in a restrictive covenant are given their plain and ordinary meaning. The provisions of the Covenants are meant to be reasonable restraints on the use of land, intended to preserve the aesthetic appeal and residential nature of the subdivision.