There are two important documents important to the residents of Cross Creek Subdivision.  The first is the Deed Restrictions.  Deed restrictions, also known as restrictive covenants, are restrictions contained in a deed that limit how a property can be used and what can be built on it.  Often developers include certain restrictions not covered by local zoning regulations for the benefit of the homeowners in the subdivision.  Deed restrictions “run with the land,” which means that anyone who buys the property is subject to these restrictions.  Typical deed restrictions include minimum and maximum home sizes, lot set-back requirements, fencing restrictions, temporary or permanent structures restrictions on  a lot, use of homes as business, or  or the types of animals allowed on the property. Deed restrictions are typically difficult to change or amend and usually it takes a judicial ruling to invalidate them.

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However, don't confuse deed restrictions with Homeowners Association By Laws.  Homeowner Association Bylaws are the guiding rules governing how the subdivision is to be run and maintained.  The homeowners association is set up as a nonprofit corporation and becomes the organization established to manage the subdivision common areas and work for the benefit of the subdivision and the homeowners.  The homeowners association is governed by a board of directors who are elected by the members and a set of rules called bylaws. 

 

The bylaws govern how the Home Owner Association operates and contain the information needed to run the Home Owner Association as a business. For example, the bylaws cover matters such as:

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• how often the Home Owner Association holds meetings

• how the meetings are conducted

• the duties of the various offices of the board of directors

• how many people are on the board

• membership voting rights.

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The attached tabs display the recorded Deed Restrictions for the Subdivision, as well as the Home Owners Associations' Bylaws.   

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