Legal Definitions - covenants, conditions, and restrictions

Covenants, Conditions, and Restrictions (CC&Rs) are a foundational set of rules that govern how property owners can use and maintain their real estate within a specific community or development.

Often established by a developer or a homeowners' association (HOA), CC&Rs are designed to preserve property values, maintain a consistent aesthetic, and ensure a harmonious living environment for all residents. These rules are typically recorded with the local county office, making them legally binding for current and future property owners – a concept known as "running with the land." This means that when you purchase a property in a community with CC&Rs, you automatically agree to abide by these rules. Failure to comply can result in penalties or enforcement actions by the governing association.

Here are some examples illustrating how CC&Rs function:

• Exterior Home Modifications: Imagine a planned community where the CC&Rs state that all exterior modifications, such as adding a new deck, installing solar panels, or changing the color of your front door, must first be approved by the Architectural Review Committee of the homeowners' association. The CC&Rs might also specify approved materials or design styles to ensure consistency throughout the neighborhood.

  This example demonstrates CC&Rs by imposing a condition (requiring approval) and a restriction (on the type and style of modifications) on how a homeowner can alter their property. It ensures that individual changes align with the community's overall aesthetic standards, protecting the visual harmony and property values for everyone.

• Vehicle Parking Rules: In a condominium complex, the CC&Rs might prohibit residents from parking recreational vehicles (RVs), boats, or commercial trucks in designated parking spaces or driveways for more than 24 hours. Instead, they might require such vehicles to be stored in an off-site facility or a specific communal storage area.

  Here, the CC&Rs establish a clear restriction on the type and duration of vehicles that can be parked on the property. This rule aims to prevent clutter, maintain the aesthetic appeal of the complex, and ensure adequate parking availability for standard passenger vehicles, thereby contributing to the community's desired living environment.

• Landscaping Requirements: Consider a new housing development in a region prone to drought. The CC&Rs for this community could mandate that all front yard landscaping must consist of drought-tolerant plants and prohibit the use of water-intensive lawns or artificial turf. They might even specify a minimum percentage of native plants.

  This illustrates CC&Rs through a covenant (an agreement to maintain specific landscaping) and a restriction (prohibiting certain types of landscaping). Such rules promote environmental sustainability, reduce water consumption for the entire community, and ensure a consistent, low-maintenance aesthetic that aligns with the developer's vision for the neighborhood.