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creating restrictive covenants

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landinvestor

Junior Member
What is the name of your state?What is the name of your state? NM

I own bare land in a large subdivision and the developer never registered any restrictive covenants or mandatory dues for the subdivision. Some people in the subdivision (including me) believe that restrictive covenants can never be imposed on the subdivision because the developer never registered any. Others believe that a majority vote of owners could impose restrictive covenants and dues on all owners. Which view is correct?
 


HomeGuru

Senior Member
landinvestor said:
What is the name of your state?What is the name of your state? NM

I own bare land in a large subdivision and the developer never registered any restrictive covenants or mandatory dues for the subdivision. Some people in the subdivision (including me) believe that restrictive covenants can never be imposed on the subdivision because the developer never registered any. Others believe that a majority vote of owners could impose restrictive covenants and dues on all owners. Which view is correct?

**A: a complete title search must be done to see if there are any master restrictions or developer agreements that dictate creation and recordation of the CC&R's. It is entirely possible that either the developer or the HOA (when formed) may be allowed to create and record the CC&R's.
 

landinvestor

Junior Member
The developer (who sold all lots and is out of the picture) didn't record any restrictive covenants or any document that would allow them to be created. Does this mean that they could never be created without everyone's agreement? Thanks.
 

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