Legal Question in Business Law in West Virginia

Re: Amending HOA Documents

It is common for the developer of real estate to provide for restrictive covenants which apply to all lots in a development. Typical restrictions may include limitation of construction to a single family dwelling, no manufactured homes, no aluminum siding, no out buildings, no farm animals, etc. If recorded properly, such restrictions apply to all owners and the persons who purchase the property in the future. They are enforceable by any homeowner or by an association or corporation formed for the purposes of ownership and management of the development. It is unusual for the developer to reserve the right to add covenents. It could be, that any such attempt to add covenants after real estate is sold is not valid. The normal procedure is for the owners to agree to a method by which changes can be made, but the best and most reliable way is for all owners to sign off on any change or additional covenant.