#Hoa covenants versus guidelines how to

To read the By-Laws of the Elk Creek Highlands Property Owners Association, or Declaration of Protective Covenants for Elk Creek Highlands Subdivision, go to the Legal Documents page under the About ECHPOA menu option above. Pay ing the ECHPOA yearly dues will have NO effect on the ECH covenant restrictions. It would require 75% of the landowners petitioning Park County. The Association did NOT create, and can NOT amend the covenants. The ECH covenants are legal restrictions tied to privately owned land within the subdivisions, filed with the county, and need 75% written consent of land owners to be amended.

#Hoa covenants versus guidelines how to

In summary, the ECHPOA by-laws are rules that state how to run the meetings, how approximately 20 acres of community property will be used, and can be changed by the Board of Directors. These covenants can NOT be amended without “written consent of the owners of 75% of the privately owned land included within the boundaries of the subdivision.” In order for these covenants to be enforced “it shall be lawful for any person or persons owning real property in the subdivision to institute proceedings at law.” The members of the ECHPOA have formed a consensus that they will NOT try to enforce the covenants, but can provide a forum for discussion of covenants issues if that is desired by the property owners. Our covenants were written and filed with the Clerk and Recorder of Park County in December, 1970, by the Tatum-Reese Development Corporation for the Elk Creek Highlands / Meadows subdivisions. Original owners as well as each successive owner of the property is either subject to its “burden” or entitled to its “benefit.” Covenants cannot be separated from the land or the land transferred without it.

“ Covenants running with the land” is used to impose restrictions tied to the use of the land regardless of the owner. Therefore, only members shall use any waters, properties, or facilities owned by the ECHPOA. The money collected from membership dues is used to furnish for its members facilities for meetings, social parties, fishing, boating, boarding of horses and outdoor sports. Information typically found in HOA bylaws include the duties of each board member, how often to hold meetings, how these meetings should go, and the voting rights of the community’s members. Owners of real property located within the subdivisions may become a member by paying yearly dues. Paid membership gives a person the right to vote on these decisions. The ECHPOA Board and Membership exist for the purpose of maintaining and improving the community property for the enjoyment of its paid members. The current revision was dated in December, 2010. Our by-laws were written and may be amended by a majority vote of the ECHPOA Board of Directors. By-laws are official rules which an association adopts and apply to the association owned, or community, property.Ĭovenant is considered a legal contract, or agreement, between privately owned property within a subdivision and the developer.īy-laws state how the HOA will be run and contains information on voting processes, quorum requirements, provision for holding meetings, election requirements, and other operating guidelines.