Problems arise if all of the lots in a subdivision are not uniformly submitted to the same restrictive covenants. For instance, if the declaration does not get recorded against one lot, but is recorded against the rest of the lots, the declaration does not apply to that lot unless some other equitable-type doctrine is applied to make the lot subject to the declaration. General plan is one such doctrine.
When some lots are conveyed with restrictive covenants in a deed or on title and other lots are conveyed
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Statutes and Cases:
(For reference: 57-8 is the Condo Act, 57-8a is the Community Association Act, 16-6a is the Nonprofit Act)