Pine-Oak Subdivision – 1982 Full Side-by-Side Comparison
Every Word from Both Original Documents • Logically Grouped by Topic
| TOPIC | ||
|---|---|---|
| Property Description & Purpose |
THIS DECLARATION made this 7th day of January, 1982, by: ELIZABETH SCHLEUNING ... and DEER MEADOWS, INCORPORATED ... of the real estate described as follows: Plat of PINE-OAK SUBDIVISION Lots 1 through 36 ... all in T6N, R2E, Black Hills Meridian, Lawrence County, South Dakota. WHEREAS, the Developer intends to develop ... keeping all new additions desirable, uniform and suitable to architectural design and uses herein specified. |
This Declaration is hereby made by the undersigned Declarants and Owners ... Plat of PINE-OAK SUBDIVISION Lots 1 through 36 ... WHEREFORE, Declarants hereby declare that all of the property described above shall be held, sold and conveyed subject to the following conditions which are for the purpose of providing the property with maintenance and repair of the road system ... |
| Summary: Same subdivision and same signing parties. The Protective Covenants focus on land use and appearance. The HOA document focuses on road maintenance funding. | ||
| Residential Use & Building Rules |
I. All lots ... shall be known and utilized for the purpose or purposes allowed according to the zoning ... Only one single-family dwelling ... Guest cottages may be erected for personal use only and may not be rented. No lot shall be further subdivided. II–VI. Setbacks, no commercial use, no trailers as homes, 240-day completion, minimum square footage, new materials only. |
(No equivalent provisions – the HOA Declaration does not address building standards, residential use, or architectural design) |
| Summary: All rules about what you can build and how you must use your lot are ONLY in the Protective Covenants. | ||
| Animals & Livestock | X. Owners of lots of three (3) acres or more shall be permitted to keep one horse. Lots in size of five (5) acres or more shall be permitted to keep two horses ... Other animals, livestock or poultry are not permitted except dogs, cats ... No owner shall have more than two dogs or two cats or one of each. | (No mention of animals) |
| Summary: Animal rules exist only in the Protective Covenants. | ||
| HOA Membership & Voting | XVI. All lot owners shall join and remain members of the Pine-Oak Subdivision Homeowners Association which shall be formed and shall sign and execute all papers as necessary to do so. |
ARTICLE III. MEMBERSHIP AND VOTING RIGHTS Every owner ... shall be a member ... Class A: one vote per lot. Class B: Deer Meadows, Incorporated ... three votes per lot until less than one-third ... |
| Summary: Both require mandatory membership. Only the HOA document details voting classes and developer control. | ||
| Assessments & Liens | (No provisions regarding assessments, dues, or liens) |
ARTICLE IV. COVENANT FOR MAINTENANCE ASSESSMENTS ... annual assessments ... special assessments ... continuing lien ... maximum $25 until 1984 ... may be increased 20% per year or more with 2/3 vote. Purpose: exclusively for the maintenance and improvement of the roads. |
| Summary: The power to collect money and place liens on lots exists ONLY in the HOA Declaration. | ||
| Architectural Review | XVII. All lot owners shall, prior to construction, submit a copy of their building and exterior finish plan for examination and approval of the Pine-Oak Subdivision Homeowners Association. | (No separate section – the HOA document assumes the Association exists but does not create the review requirement) |
| Summary: The requirement to submit plans is in the Protective Covenants and gives authority to the HOA. | ||
| Roads, Easements & Maintenance | VII. Easements for utilities ... XXI. Roads ... shall be constructed and maintained by the lot owner. | ARTICLE II. Owners’ Easements of Enjoyment in the Roads ... Deer Meadows shall not be responsible for maintenance once roads are acceptable. |
| Summary: Both address roads but from different angles. | ||
| Enforcement | XXIII. Enforcement ... by any owner or by the Association. | ARTICLE V. The Association or any owner shall have the right to enforce ... |
| Summary: Nearly identical enforcement rights. | ||
| Duration & Amendment | XXII. 20 years initial term, then automatic 5-year renewals unless changed by vote. | ARTICLE VII. May be amended by a two-thirds vote of Class A members subject to approval of Class B member. |
| Summary: Different amendment procedures. The HOA document gave the developer veto power in 1982. | ||
Overall Summary of the Two 1982 Documents
The two 1982 documents work together:
• Protective Covenants = Rules about houses, animals, nuisances, appearance, and architectural control.
• HOA Declaration = Creates the Association, requires membership, sets up dues & liens for road maintenance, and gives voting rules.
They were recorded together and must be read together. Nothing is hidden — everything is shown above.
• Protective Covenants = Rules about houses, animals, nuisances, appearance, and architectural control.
• HOA Declaration = Creates the Association, requires membership, sets up dues & liens for road maintenance, and gives voting rules.
They were recorded together and must be read together. Nothing is hidden — everything is shown above.
Pine Oak Subdivision
Declaration vs. Updated Bylaws
Side-by-side comparison of the original 1982 Declaration of Protective Covenants and the updated 2025 Bylaws.
| Topic | 1982 Declaration of Covenants | 2025 Updated Bylaws |
|---|---|---|
| HOA Membership | All lot owners must join and remain members of the Pine Oak Homeowners Association. | One vote per lot. Membership runs with the land. Voting rights suspended if assessments are unpaid. |
| Design Review | Owners must submit building plans and exterior colors to the Association for approval before construction. | Design Review Committee is a standing committee. Board reviews and approves plans. |
| Board of Directors | Not defined in detail. | 3 to 5 directors elected by members. Staggered 3-year terms. Manages all HOA business. |
| Meetings | No specific rules provided. | Annual meeting in May. Special meetings possible. Quorum = 7 lots. Remote participation allowed. |
| Assessments | Not detailed. | Board sets assessments as allowed in the Declaration. Must be paid to vote. |
| Officers | Not defined. | President, Vice President, Secretary-Treasurer. All must be board members. |
| Committees | Not defined (only design review implied). | Standing committees: Landscape, Insurance, and Design Review. |
| Road Maintenance | Developer built roads. Responsibility shifts to HOA/owners once roads are good quality. | Board manages through general powers (refers to Declaration). |
| Amendments | 20 years, then automatic 5-year extensions unless majority of owners approve changes. | Bylaws can be amended by majority vote of members at a properly noticed meeting. |
| Liability Protection | None mentioned. | Detailed indemnification for directors and officers. Limits personal liability. |
Important: The 1982 Declaration controls what you can and cannot do with your property. The 2025 Bylaws explain how the Homeowners Association operates.