What are Covenants, Conditions, & Restrictions (CC&Rs)?
What are Covenants, Conditions, & Restrictions (CC&Rs)?
Thinking about buying a home in a development? If so, you may be part of a homeowner’s association (HOA). This HOA usually manages common areas, and amenities of the community. The HOA has documents that outline homeowner responsibilities as well as HOA responsibilities throughout the community. The rules of the community are outlined in a document called the Covenants, Conditions, and Restrictions (CC&Rs).
When homeowners purchase a property, the sellers are required to provide the buyers with a copy of the CC&Rs and any other HOA documents. The CC&Rs describe what you, as a homeowner, are allowed or not allowed to do with your property. They also outline what kind of maintenance homeowners are responsible for and what maintenance the HOA is responsible for. This can vary greatly if you live in a detached home or an attached home, like a condominium. These documents are drafted at the earliest stages of the community by the builder/developer. They generally are in the best interest of all homeowners, to keep property value up and the community looking nice.
Some CC&R rules include the subjects of: lawn care, plants, paint colors, street parking, driveway parking, noise level, fences, pools, pets, additions to the home, outdoor lights, decorations, mailboxes, sheds, smoking, and more. Some HOA maintained items may include: fences, streets, grass areas, pools, clubhouses, slopes, gates, and more. Single family home developments differ from condominium developments. For example, in condominium developments, the HOA is often responsible for the exterior of the units.
The CC&Rs also lists monthly dues, assessments, and penalties (late charges and/or interest). If you do not keep up with these payments, the HOA could file a lien on your home. These rules can, sometimes be changed by a vote of the homeowners in the community.
It is in your best interest to understand what you as the homeowner are responsible for and what your HOA is responsible for maintaining. Please be sure to examine your CC&Rs and you fully understand them!
Found A Construction Defect in Your New Home?
If you’re a homeowner or association seeking representation in construction defect litigation, our team at Naumann Law Firm in San Diego can help. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino.
To learn more about construction defects and the process, click our construction defect litigation page