Section 89-1-69 - Prohibition against covenants requiring payment of a fee upon the transfer of real property; exception(1) In this section, "property owners' association" means an incorporated or unincorporated association that:(a) Is designated as the representative of the owners of property in a subdivision;(b) Has a membership primarily consisting of the owners of the property covered by the dedicatory instrument for the subdivision; and(c) Manages or regulates the subdivision for the benefit of the owners of property in the subdivision.(2) A deed restriction or other covenant running with the land applicable to the conveyance of real property that requires a transferee of real property or the transferee's heirs, successors, or assigns to pay a declarant or other person imposing the deed restriction or covenant on the property or a third party designated by a transferor of the property a fee in connection with a future transfer of the property is prohibited. A deed restriction or other covenant running with the land that violates this section or a lien purporting to encumber the land to secure a right under a deed restriction or other covenant running with the land that violates this section is void and unenforceable. For purposes of this section, a conveyance of real property includes a conveyance or other transfer of an interest or estate in real property.(3) This section does not apply to a deed restriction or other covenant running with the land that requires a fee associated with the conveyance of property in a subdivision that is payable to: (a) A property owners' association that manages or regulates the subdivision or the association's managing agent if the subdivision contains more than one (1) platted lot and the right to collect a fee in connection with a future transfer of the property is evidenced by a deed restriction or covenant running with the land filed in the public land records;(b) An entity organized under Section 501(c)(3), Internal Revenue Code of 1986 if the entity has a right to collect a fee in connection with a future transfer of the property evidenced by a deed restriction or covenant running with the land filed in the public land records; or(c) A governmental entity. Laws, 2010, ch. 348, § 1; Laws, 2011, ch. 344, § 1, eff. 7/1/2011.Amended by Laws, 2019, ch. 330, HB 962,§ 1, eff. 7/1/2019.