CC&Rs (Covenants, Conditions, and Restrictions) are legally binding documents that govern how you can use your property in an HOA community. Understanding these documents is essential before purchasing a home, as they significantly impact your property rights and lifestyle.
What Are CC&Rs?
CC&Rs are recorded legal documents that establish rules and restrictions for properties within an HOA. They "run with the land," meaning they bind all current and future property owners. CC&Rs are typically filed with the county recorder's office and become part of the property's legal description.
These documents define:
- What you can and cannot do with your property
- Architectural and design standards
- Use restrictions (residential vs. commercial)
- Maintenance obligations
- Rental and occupancy restrictions
- Pet and animal restrictions
- Parking and vehicle regulations
Key Components of CC&Rs
1. Covenants
Covenants are promises or agreements that property owners make to the association and each other. They typically include obligations to pay assessments, maintain property, and follow community rules.
2. Conditions
Conditions are requirements that must be met for certain rights or privileges. For example, conditions may govern when you can rent your property or make exterior modifications.
3. Restrictions
Restrictions limit how you can use your property. Common restrictions include prohibitions on commercial activities, certain types of vehicles, or specific architectural features.
Common CC&R Provisions
While CC&Rs vary by community, common provisions include:
- Architectural Controls: Requirements for exterior modifications, paint colors, and landscaping
- Use Restrictions: Limitations on commercial activities, home businesses, and short-term rentals
- Pet Restrictions: Limits on number, size, breed, or type of pets
- Parking Rules: Restrictions on where vehicles can be parked and for how long
- Rental Restrictions: Limits on leasing, minimum lease terms, or rental caps
- Maintenance Requirements: Obligations to maintain property in good condition
- Nuisance Provisions: Prohibitions on noise, odors, or other disturbances
- Landscaping Standards: Requirements for lawns, trees, and exterior appearance
What's Enforceable and What's Not
Not all CC&R provisions are legally enforceable. Generally enforceable provisions:
- Are reasonable and not arbitrary
- Serve a legitimate purpose (protect property values, maintain aesthetics)
- Are clearly written and specific
- Don't violate fair housing laws or other protected rights
- Are consistently enforced
Provisions that may not be enforceable:
- Those that violate fair housing laws (discrimination based on protected classes)
- Unreasonable or arbitrary restrictions
- Provisions that violate state or federal law
- Restrictions that have been abandoned through non-enforcement
- Vague or ambiguous language
How CC&Rs Are Enforced
CC&Rs are typically enforced through:
- Violation Notices: Written warnings for non-compliance
- Fines: Monetary penalties for violations
- Legal Action: Lawsuits to compel compliance or recover damages
- Liens: Placing liens on property for unpaid fines or assessments
- Self-Help Remedies: In some cases, associations may correct violations and bill the owner
Reviewing CC&Rs Before Buying
Before purchasing a home in an HOA, you should:
- Request a Copy: Obtain the full CC&R document from the seller or HOA
- Read Thoroughly: Don't skim—read every provision carefully
- Ask Questions: Clarify any provisions you don't understand
- Check for Amendments: Review any amendments or modifications to original CC&Rs
- Consult an Attorney: Consider having a real estate attorney review complex provisions
- Check Enforcement History: Ask how strictly rules are enforced
Amending CC&Rs
CC&Rs can be amended, but the process is typically difficult and requires:
- Super-majority vote of homeowners (often 67% or 75%)
- Recording the amendment with the county
- Notice to all homeowners
- Compliance with state law requirements
Some provisions may be unamendable or require unanimous consent.
Red Flags in CC&Rs
Watch out for:
- Extremely restrictive provisions that limit normal property use
- Vague or ambiguous language
- Provisions that seem discriminatory or violate fair housing laws
- Unreasonable architectural controls
- Excessive fines or enforcement powers
- Provisions that conflict with state or federal law
Your Rights Under CC&Rs
As a property owner, you have rights:
- Right to receive a copy of CC&Rs before purchase
- Right to vote on amendments (if provided in documents)
- Right to challenge unreasonable or illegal provisions
- Right to due process in enforcement actions
- Right to fair and consistent enforcement
Conclusion
CC&Rs are powerful legal documents that significantly impact your property rights. Before purchasing, thoroughly review CC&Rs, understand their provisions, and ensure you can live with the restrictions. If you have concerns, consult with a real estate attorney. Understanding CC&Rs helps you make informed decisions and avoid costly disputes.