1969 · Community · Article 3 of 20
The Covenants That Still Govern Brierwood
Filed on January 26, 1969, the Restrictive Covenants set the rules for Brierwood property. They are why Brierwood has never needed a homeowners association.
Four days after the land passed to Brierwood Golf Club, Inc., a second document was recorded that has shaped the community ever since. On January 26, 1969, Restrictive Covenants were legally filed and attached to all of the property described in the Declaration of Restrictions.
Restrictive covenants are private rules that run with the land. They are written into the chain of title, so every later owner takes the property subject to them. They typically cover matters such as what may be built on a lot, how lots may be used, and what owners may and may not do with their property.
What Brierwood never had was a homeowners association with mandatory dues, assessments and an architectural review board. The community's records describe its non-HOA status as one of its most desirable features. The covenants provide the framework; the residents provide the upkeep, and the community's own description notes the pride owners take in maintaining their homes.
That distinction matters when newcomers hear about the Brierwood Association. The Association, formed on September 15, 2017, is a voluntary organization that exists to keep residents informed and to run community groups. It is not a homeowners association, it does not levy assessments, and it did not write the covenants.
The community's records state plainly that the 1969 covenants are the ones that control Brierwood to this day. Anyone buying in Brierwood should read them. They are recorded with the Brunswick County Register of Deeds, and the Association can help point residents in the right direction.