Legal Definitions - CC&Rs

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Definition of CC&Rs

CC&Rs stands for Covenants, Conditions, and Restrictions.

CC&Rs are a set of legally binding rules and regulations that govern how property owners can use and maintain their homes within a specific community. These rules are typically established by the developer when the community is first created and are enforced by a governing body, such as a homeowners' association (HOA). When you purchase a property in such a community, you automatically agree to abide by its CC&Rs, as they are attached to the property deed. The primary purpose of CC&Rs is to preserve property values, maintain a consistent aesthetic, and ensure a harmonious living environment for all residents. Failure to comply with these rules can result in penalties, including fines or legal action.

Here are some examples of how CC&Rs apply in different situations:

  • Exterior Modifications: Imagine a homeowner in a planned community decides to paint their house a bright, unconventional color. However, the community's CC&Rs specify that all exterior paint colors must be chosen from an approved palette of neutral tones to maintain a consistent aesthetic throughout the neighborhood. Before painting, the homeowner would need to submit their color choice for approval, and if it falls outside the approved palette, they would be required to select a different color. This illustrates how CC&Rs impose conditions and restrictions on property appearance to uphold community standards.

  • Vehicle Parking and Storage: Consider a resident in a condominium complex who owns a large recreational vehicle (RV). They wish to park it permanently in their assigned parking space or driveway. The community's CC&Rs, however, explicitly prohibit the long-term parking or storage of RVs, boats, or commercial vehicles within common parking areas or individual driveways. This rule is often in place to prevent clutter, ensure adequate parking for standard vehicles, and maintain the visual appeal of the complex. The homeowner would therefore need to find off-site storage for their RV, demonstrating a restriction on vehicle use and storage.

  • Pet Policies: A new family moves into a townhome community with three large dogs. Upon reviewing the community's CC&Rs, they discover a rule limiting residents to a maximum of two household pets per unit, with a weight restriction of 50 pounds per animal. This covenant is designed to manage the impact of pets on shared spaces, reduce potential disturbances, and ensure a comfortable living environment for all residents. The family would be required to comply with this rule, potentially by finding a new home for one of their dogs or choosing a different community.

Simple Definition

CC&Rs, or Covenants, Conditions, and Restrictions, are a set of legally binding rules that govern properties within common interest communities, such as those managed by homeowners' associations. These rules dictate property use and maintenance, are attached to the deed, and are enforceable against property owners. Prospective buyers should carefully review CC&Rs, as violations can lead to fines or other penalties, though they may be unenforceable if improperly registered or against public policy.