33-440

33-440. Enforceability of private covenants;
definitions

A. An owner of real property may enter into a private covenant regarding that real
property and the private covenant is valid and enforceable according to its terms if all
of the following apply:

1. The private covenant is not prohibited by any other existing private covenant or
declaration affecting the real property and does not violate any statute governing the
subject matter of the private covenant that is in effect before the effective date of
this section.

2. The owner of the real property affected by the private covenant and any person
on whom the private covenant imposes any liability or obligation have consented to the
private covenant.

3. Any consent requirements contained in the express provisions of any existing
private covenant or declaration affecting the real property have been met.

B. A private covenant is deemed not to constitute an amendment to any existing
private covenant or declaration unless the private covenant expressly violates an express
provision of the existing private covenant or declaration.

C. For the purposes of this section:

1. "Declaration" has the same meaning prescribed in section 33-1802.

2. "Private covenant" means any uniform or nonuniform covenant, restriction or
condition regarding real property that is contained in any deed, contract, agreement or
other recorded instrument affecting real property.