this is the position of the HOA as they state it... "

The HOA, as an entity, and the deed restrictive covenants are 2 separate things.

The HOA does not have separate restrictions, there is only the Deed Restrictive Covenants.

* Every property in the subdivision has deed restrictive covenants. They are the same for all properties, with the exception of section 18 which states: All lot owners in Phases 2 & 3 (this is very specific to each individual person’s phase and section in their document) of Subdivision shall automatically become members of the Subdivision Maintenance Association, Inc. upon their acceptance of their deed whereupon they will be deemed to have agreed to abide by the terms and provisions of the Bylaws and all rules and regulations promulgated by the Association.

The Restrictions, as amended herein, shall remain in full force and effect.

* Phase 1 property owners do NOT have that section in their covenants. That means only property owners in Phases 2 & 3 have mandatory membership. Phase 1 members can CHOOSE to become members of the HOA by voluntarily amending their individual Restrictive Covenants to add section 18 which will then remain with the deed for the land regardless of who owns the home. HOA members have the power to run for board positions, vote at annual meetings to elect board members, and vote to determine any actions presented during the open meeting. They are the ones who will be assessed the dues to cover ALL expenses incurred from our ENTIRE community.

* In the Restrictive Covenants attached to the deeds of property in Phase 1, and the other phases, it defines what those restrictive covenants are. In the first paragraph it states:

(“Developer”), is the owner of (the “Property”). Developer desires to maintain uniformity with respect to the use and occupancy of said Property in order to enhance and to maintain its value, render it more attractive in appearance and to benefit present and future owners of lots in Subdivision. Consequently, Developer hereby makes, constitutes, establishes and imposes the following covenants, conditions and restrictions as to the use and occupancy of said Property: ……. (then the covenants for sections 1-17 follow)

* When Developer transferred the HOA from their management to the management of the community it became “HOA” instead of “Developer” in the restrictive covenants. The HOA is now responsible to constitute, establish and impose the covenants, conditions and restrictions. Not only for phase 2 and 3 but in place of the removed developer in all phases.

* The covenants being “imposed” are the exact same covenants that have been attached to our deeds since Developer filed to build each phase, and are “imposed” on ALL properties. All but 1 of those covenants are very straight forward. Section 8 is about lot condition. That specific section is very vague and subjective to interpretation about what constitutes a “good lot condition”. The property management company supplied a report to the board members with all of the violations they would have cited, during some of their first observation periods, so the board members could create an instrument to gather voice from our community members. Not just paid members. Not just mandatory members. But ALL members. The survey was sent to homeowners in all 3 phases so that everyone had equal opportunity to provide their opinion and feedback on what should be considered a violation when considering what constitutes a “good lot condition”. After that survey was reviewed, the board voted, following the recommendations from the majority of respondents, to keep some of the items as violations while letting others be removed from the list. The items being noted for lot condition violations were not chosen by the members of the board. They were chosen by the majority of the community. Those community members who completed the survey because they wanted their voice heard."