Agreement Creating Restrictive Covenants
Declaration of covenants, conditions, and restrictions, hereinafter called Covenants,
made on this the (date), by the (Name) Homeowner’s Association, Inc., hereinafter
referred to as the Association, concerning the residential subdivision known as (Name)
Subdivision in the County of (Name), State of (Name), according to a map or plat
thereof which is on file and of record in the [e.g., County Recorder’s Office of (name of
County and State) in Book (number) at Page (number)].
These Covenants are being made for the purpose of maintaining fair and adequate
property values in the (Name) Subdivision (hereinafter referred to as Subdivision) and
of continuing the Subdivision as a desirable residential part of (Name) County.
For and in consideration of the mutual interest of the owners of real estate in the
Subdivision, the Association hereby subjects all of the real property described in
Exhibit A attached hereto, to the following covenants and restrictions:
(Set forth Covenants here)
1. Each owner, by purchasing any lot in the Subdivision becomes a member of the
Association and shall be bound by the terms and conditions of this Agreement and
Declaration, the Articles of Incorporation and Bylaws of the Association, and such rules
and regulation as may be adopted by the Association under such Articles and Bylaws.
2. On transfer, conveyance, or sale by any owner of all of his or her or its interest in
any subdivision lot, such owner’s membership in the Association shall thereon cease
3. Except as provided in this Agreement and Declaration, the Association shall be
the sole judge of the qualifications of its membership and of the right to participate in
and vote at its meetings.
4. The official address of the Association is (street address, city, state, zip code),
and shall remain so until changed by the Association, at which time the Association
shall notify each member thereof of the change in address.
5. Each lot owner or lot purchaser, on purchase of such lot, shall immediately notify
the Association of such owner’s name and address.
6. By written consent of percent 75% of all of the lot owners, the Association may
be given such additional powers as may be described by the Association, or otherwise
modify or amend this Agreement and Declaration in any manner.
7. The Association shall, at all times, observe all of the laws, regulations,
ordinances, and the like of the (City) (County) (State), and of the United States. If the
provisions of this Agreement and Declaration shall be found to be in conflict therewith,
then such parts of this Agreement and Declaration as are in conflict with such laws,
regulations, ordinances, and the like shall become null and void, but no other part of
this Agreement and Declaration not in conflict therewith shall be affected thereby.
8. Subject to the limitations set fo