A real estate developer developed a neighborhood in two phases. Before
Phase 1(about 1999), the developer properly recorded restrictive
covenants
which specifically apply to the lots in Phase 1. When Phase 2
started (about 2001), the developer failed to record restrictive
covenants for those lots. The homeowners association has existed since
2002 and has been enforcing the covenants on the owners in both Phase 
1 and 2. Some residents have grumbled about such enforcement as
residents are prone to do, but the residents of Phase 2 only
recently discovered that the covenants were not recorded for their
lots. The obvious next chapter of the story is that some homeowners
want out of the obligations such as architectural control, the rule
against parking a truck out front, the duty to pay toward street
lighting, etc.

Yes, I'll contact an attorney, but my questions are: In general, would
a court treat the failure to record covenants as a serious matter? Can
you give examples of NC court decisions related to failure to record
covenants? Might there be a limit on the amount of time a homeowner
would have to discover and act on the failure to record?