Are Covenants Still Valid After Developer Turnover?

Hi Jerry,

First, check the declaration (CC&Rs). There may be an expiry clause written in the document. Generally speaking, though, CC&Rs do remain valid even after the developer turns over the HOA to the homeowners, and they only stop being valid if the HOA dissolves. If your HOA hasn’t enforced the covenants in a long time and would like to start enforcing them again, it is important to draft a letter explaining the re-enforcement decision and send this to all members. It would also help to send everyone a copy of the HOA’s covenants and rules to remind them.