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Q.What Are The CC&Rs?
A.The CC&Rs, also commonly known as the Declaration of Covenants, Conditions and Restrictions, are required for all condominiums and planned developments. The CC&Rs, much like local zoning ordinances, describe the rights and obligations of the homeowners association (HOA) and each of the homeowners. The CC&Rs are generally prepared by a developer's attorney, recorded with the county recorder's office, and.once recorded automatically bind anyone who becomes a homeowner in the development.
CC&Rs vary widely in content and length, but usually cover such things as:
- The boundaries of each unit / lot and the common area;
- The homeowner's usage restrictions, such as occupancy limitations, pet regulations, and restrictions on alterations;
- The HOA's maintenance responsibilities, as well as those of the individual homeowners;
- The HOA's obligation to collect assessments, as well as the homeowners' obligation to pay assessments;
- The HOA's ability to create additional Rules and powers to enforce the Rules;
- The allocation of HOA operating costs among the homeowners, and the mechanism for collecting HOA dues; and
- The insurance requirements for the HOA and each homeowner.
The CC&Rs usually empower the HOA to adopt Rules, and typically give the Rules the same binding power as the other governing documents (Articles, Bylaws, and CC&Rs). The Rules often provide restrictions relating to alterations, signage, waste disposal, parking, pets, and recreational facilities. Where the same topics are discussed in both the CC&Rs and the Rules, the CC&Rs will control if there is a conflict between them, but the Rules may add to and explain the CC&Rs.
Pursuant to federal law, CC&Rs cannot include any provisions which violate existing housing discrimination laws, and as of January 1, 2001, they cannot completely outlaw pets. However, The Federal Housing Act of 1995 does allows “adults only” communities which meet specific requirements.
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