#HIDDEN CREEK GAITHERSBURG HOA COVENANTS SERIES#

#HIDDEN CREEK GAITHERSBURG HOA COVENANTS SERIES#

This agreement was evidenced by Dowd’s promise to subject Dowd Grain Subdivision and its forthcoming HOA, through a series of CC&R’s, “to a sharing of one third of the costs and expenses for the repair and maintenance of 232d Street within Equestrian Ridge Estates.”Īfter developing several lots within Dowd Grain Subdivision and renaming the subdivision Equestrian Ridge Estates II, Dowd resigned from the HOA. During the development of Dowd Grain Subdivision, the parties determined that Shiloh Road, the only accessible pathway to the Subdivision, terminated at a dead end therefore, the parties decided to improve accessibility to the Subdivision by “extending Shiloh Road past its dead end to the west, across the border with” Equestrian Ridge Estates. All fifteen lots in Equestrian Ridge Estates were sold and were subject to the authority of its HOA through a series of covenants, conditions, and restrictions (“CC&R’s”). Subsequently, Grace and Dowd executed an additional agreement to develop Grace’s tract (“Equestrian Ridge Estates”) first, then Dowd’s tract (“Dowd Grain Subdivision”) thereafter. established by Grace and Dowd, and develop the tracts into residential subdivisions. Together, Grace and Dowd agreed to grant their respective tracts of land to Equestrian Ridge, an L.L.C. In 2004, Ted Grace (“Grace”) and Duane Dowd (“Dowd”) owned contiguous tracks of land near Gretna. The covenants addressed requirements to maintain a street. Equestrian Ridge Estates II Homeowners Ass'n, the Nebraska Supreme Court decided a dispute between two neighboring HOAs involving real covenants running at law in a neighborhood near Gretna, Nebraska. Specifically, the court determined that the “touch and concern” element may be satisfied as applied to communities governed by an HOA when the “burden” of HOA payments is afforded to a “benefit” that is: (1) considered a necessity to the community and (2) increases the value of the community’s lots. Equestrian Ridge Estates II Homeowners Ass'n, 308 Neb. The Nebraska Supreme Court recently narrowed the interpretation of this element as applied to communities governed by a homeowners’ association (“HOA”). The “touch and concern” element of real property covenants has been convoluted in its development. To be enforceable, covenants must involve issues that “touch and concern” the land. Real estate developments typically are governed by covenants that require or prohibit certain actions by property owners. If faced with a difficult issue involving real estate – including conveyances, development, zoning, construction, property tax, or other issues – we recommend you contact our office and speak with one of our attorneys. Erickson | Sederstrom's attorneys’ have extensive background in real estate disputes.

Hidden creek gaithersburg hoa covenants