The Covenants of an HOA is an agreement, or contract, between the Board as an institution and the residents of the neighborhood to define the rights, responsibilities, and obligations of each group in their relationship.
The Douglas Downs HOA Covenants begin by going over the history of the subdivision being built and the establishment of it as a collective neighborhood with an HOA. Article 1 provides some brief legal definitions of important terms to aid in the understanding of the document (common area, occupant, structure, etc). For the common area specifically, the definition can be found in Article 2, which defines how the community is allowed to use it and the responsibility of the Board to maintain it.
In Article 3, the purpose of the HOA is laid out in a broad sense, describing the function of the Board, membership, and basic procedures. More information on these topics can be found in the Bylaws, which discuss the governance of the HOA in more detail.
The bulk of the guidelines for the subdivision can be found in Articles 4, 5, 6, and 7 of the Covenants. Article 4 explains the obligation and purpose of paying dues, or assessments, that the Board uses to carry out their job and provide for the safety and welfare of the community. Article 5 establishes the HOA’s right to have a certain degree of architectural control on new construction through Community-Wide Standards and an application process for any proposed improvement projects. Article 6 defines what land in the subdivision can be used for and some of those standards/ restrictions for landscaping, structures, recreational equipment, and animals such as signs, fences, garbage cans, RV parking, and more. Finally, Article 7 discusses easements or situations in which the HOA can occupy homeowners’ land. These include maintenance on wires/ lines/ cables, utility structure service, erosion control, and common area landscaping. The HOA is responsible for leaving residents' property in good condition following any easement.
Articles 8 and 9 get back into the governance of the organization, describing enforcement mechanisms, how the Covenants are officially renewed, and how they can be amended. Article 10 covers some miscellaneous additional logistics information, like what official HOA notices look like and protecting the whole organization and document from any individual objections. Finally, Article 11 covers provisions for first mortgage holders in the subdivision, establishing the obligations of the HOA and mortgagees to each other for both of their benefits.
You can visit the following link to view the Covenants, Conditions and Restrictions:
