Fill and Sign the Agreement Restrictive Covenants Form

Agreement Creating Restrictive Covenants Declaration of covenants, conditions, and restrictions, hereinafter called Covenants, made on this the       day of       , 20       , by the       (Name) Homeowner’s Association, Inc., hereinafter referred to as the Association, concerning the residential subdivision known as       Subdivision in the (Name) County of       , State of       , according (Name) (Name of State) to a map or plat thereof which is on file and of record in the [e.g., County Recorder’s Office of       in Book       at Page       ]. (Name of County and State) (Number) (Number) These Covenants are being made for the purpose of maintaining fair and adequate property values in the       Subdivision (hereinafter referred to as Subdivision ) (Name) and of continuing the Subdivision as a desirable residential part of       County. (Name of 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 and terminate. 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, County, 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. Agreement Creating Restrictive Covenants Page 1 of 3 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       , and of the United States. If the provisions (City, County, State) 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 forth in this Agreement and Declaration, the Association shall have the right to make such reasonable rules and regulations and to provide such means and to employ such agents as will enable it adequately and properly to carry out the provisions of this Agreement and Declaration. 9. This Agreement and Declaration shall become void after       years. This Agreement (Number) and Declaration may be terminated, and all of the real property now or hereafter affected may be released from all or any part of the terms and conditions of this declaration, by the owners of (e.g., 75%) of the properties subject hereto at any time it is proposed to terminate this Agreement and Declaration, by executing and acknowledging an appropriate written agreement for that purpose, and filing the same with the office of the county recorder for       County, State of       , in Book No.       at Page       or No.       . 10. All of the provisions of this Agreement and Declaration shall be deemed to be covenants running with the land, and shall be binding on and inure to the benefit of the owners of the properties described in Exhibit A their heirs, successors, and assigns, and all parties claiming by, through, or under them shall be taken to hold, agree, and covenant with such owners, their successors in title, and with each other, to conform to and observe all of the terms and conditions contained in this Agreement and Declaration. 11. Any lot owner, or the Association, may maintain any legal proceedings to compel or enforce any of the terms and conditions of this Agreement and Declaration. When any lot owner or the Association prevails in any such legal proceedings, all costs and all expenses of such proceedings shall be taxed against the offending party or parties. 12. The initial members of the Board of Directors of the Association are: Agreement Creating Restrictive Covenants Page 2 of 3                         (Name and Address of each) In witness whereof, the undersigned, constituting all of the members of the Board of Directors of the Association have caused this Agreement and Declaration to be executed as of the (date). _________________________________________ (Signature of Director)       (Printed Name of Director) _________________________________________ (Signature of Director)       (Printed Name of Director) _________________________________________ (Signature of Director)       (Printed Name of Director) _________________________________________ (Signature of Director)       (Printed Name of Director) Acknowledgment before Notary Public (form may vary by state or have witness to signatures) Agreement Creating Restrictive Covenants Page 3 of 3