5. What is the $64,000 question?

Who really has the responsibility to read, review and qualify the approval of conditions & restrictions of the developer’s required covenants/servitudes in the first place?

We cannot locate the approving agency/office that reads, reviews, and approves our HOA governing documents, e.g. servitudes.  All we can locate is an original attorney that drew up the document(s) in a popular cut & paste fashion – apparently a standard procedure.

We do know [Jefferson] county requirements for a subdivision declarant/developer must provide without review the governing documents (Section 20.103 of the ordinance) – the future homeowners assume the responsibility of those covenants, servitudes for a self-sufficient subdivision; e.g. HOA. 

Also see FAQ#56