Heritage Oaks Townhomes (DeSoto County, MS)
The Heritage Oaks Townhomes Homeowners Association, Inc. is a Mississippi nonprofit corporation created to help administer and enforce the recorded covenants, maintain common areas, and promote the common interests of property owners within the subdivision.
Yes. Under the recorded covenants, each owner of a lot is automatically a member of the HOA. Membership is tied to property ownership.
All owners of lots are required to pay assessments levied by the Association, as provided in the covenants. Assessments are generally a personal obligation of the owner and may also constitute a lien against the property if unpaid.
Assessments are used to promote the health, safety, and welfare of residents and to maintain and improve common areas and shared facilities. This may include (as authorized by the covenants):
Yes. The covenants allow special assessments for certain purposes (such as capital improvements or extraordinary expenses), provided the required member approval is obtained and proper notice is given.
In general, each lot is entitled to one vote, subject to the provisions of the covenants. The covenants also describe voting class distinctions during the Declarant control period (where applicable) and provide that voting may be conditioned on being current on assessments.
After the Declarant control period ends (as defined in the covenants), amendments generally require the consent of two-thirds (2/3) of all lot owners, Board approval or ratification, and proper recording of the amendment in the public records of DeSoto County.
Amendments are not effective unless properly adopted and recorded.
The recorded covenants do not provide a simple mechanism to dissolve the HOA or convert it to a voluntary association. The covenants run with the land for an initial term (as stated in the covenants) and may automatically renew unless changed in accordance with the amendment provisions and required timeframes.
Yes. The covenants establish an Architectural Control Committee and require approval for many exterior improvements, structures, and alterations that affect the appearance of a property. Interior changes that do not affect exterior appearance generally do not require approval.
The covenants describe enforcement rights and remedies, which may include legal or equitable remedies as provided in the Declaration. The failure to enforce a covenant at one time does not waive the right to enforce it later.
The HOA is responsible for maintaining common areas as described in the covenants, including private drives/roads, easements, drainage areas, and green spaces, unless and until responsibility is accepted by a governmental authority (where applicable).
The HOA is governed by the recorded Declaration of Covenants and Restrictions, the Articles of Incorporation, the Bylaws, and any properly adopted rules and regulations. If there is a conflict, the recorded Declaration controls.
The legally binding version is the recorded instrument on file with the DeSoto County Chancery Clerk. Copies distributed by the HOA or homeowners are provided for convenience only.
Homeowners are encouraged to attend HOA meetings and contact the HOA Board with questions or concerns. The HOA welcomes constructive input and community participation.