How are indentures put into place?
Indentures are usually created and activated on a subdivision by the initial developer. The developers are generally referred to as the first party, and serve as the initial governors, or trustees, of the subdivision. In most cases, at such time as 50% of the total lots in a subdivision have been sold, the First Party shall cause the resignation of one of the original trustees, and a successor trustee is elected by the lot owners.


Once 95% of the total lots in a subdivision have been sold, the First Party shall cause the resignation of a second original trustee, and the lot owners will elect a successor trustee. After 100% of the lots in a subdivision have been sold, the term of the remaining original trustee is expired and all lot owners elect a specified number of trustees to serve staggered terms, thereby ensuring there are always experienced trustees governing an association.

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1. What are subdivision trust indentures?
2. Who must abide by subdivision trust indentures?
3. How are indentures put into place?
4. Who is responsible for informing new home buyers of the subdivision's trust indentures?
5. Why are use restrictions important for my neighborhood?
6. What information should I expect to find in my subdivision's trust indenture?
7. How long do trust indentures remain in effect?
8. What can I do to help maintain compliance with the indenture in my subdivision?
9. How can our association enforce our indentures and deal with violations?
10. Our subdivision's indenture is old and outdated. Is it possible to amend our indenture to make it more effective?