43. What actually is “servitude”?

In a nut shell, when you purchased your home within a homeowners association you were automatically included as a voting member of that association. You voluntarily accepted the documents during settlement.

With that membership you agreed to follow the governing documents, e.g. Declaration of Covenants, Conditions & Restrictions, Bylaws, policy, resolution and other guidelines of the association. The governing documents are THE association’s commandments you must follow. It is imperative homeowners read and understand governing documents.

TIP: not all governing documents are identical for all homeowner associations.

Definition of SERVITUDE in a homeowners association:

  • A servitude is a legal device that creates a right or an obligation that runs with the land or an interest in land.
  • A real-estate development or neighborhood in which individually owned lots or units are burdened by a servitude that imposes an obligation that cannot be avoided by non-use or withdrawal.
  • The recorded document or documents containing the servitudes that create and govern the common-interest community; e.g. you the homeowner.