What Are CC&Rs for HOA?
The covenants, conditions, and restrictions (CC&Rs) are the rules established for residents in an HOA. These legally recorded documents outline the rules governing the community and restrict what individuals can do with their property.
The primary goal of establishing CC&Rs for homeowner associations is to preserve, protect, and enhance the value of properties within a community.
While these rules work to improve the community, residents may review the CC&Rs at any time to remind themselves of the rules and to determine if there is a way to modify any of them for the benefit of the community.
For help maintaining CC&Rs or drafting them for newer HOAs, consider hiring an HOA management company.
Why Have CC&Rs for HOA?
Most property owners prefer living in communities with CC&Rs for various reasons, including the fact that they help them protect their personal space and property.
Other reasons homeowners prefer communities with CC&Rs are that they like to enjoy their property without the disturbances of neighbors or distractions that could offend them while in the neighborhood.
While some of these items may not be a violation of city law, the CC&Rs’ rules help maintain a cohesive community while also enhancing the value of their residents’ individual properties.
Types of CC&Rs Rules
Covenants, conditions, and restrictions tackle different aspects of how a property is used. These restrictions should be followed uniformly by all homeowners. Some of these items found in CC&Rs can include the following:
Architectural Guidelines, Maintenance, and General Appearance
This restriction is one of the most common preserved restrictions for homeowners. It means that all homeowners are required to maintain their properties so that they always look cared for, presentable, and aesthetically in line with the community.
Ensuring a cohesive community is key, so typically, there is an architectural approval process outlined in the CC&Rs that allows homeowners to submit approval for aesthetic changes to the outwardly visible parts of their home, such as house painting.
Noise and Pets
Noise and pets are expected in a neighborhood. They are a reason why most neighbors argue and end up filing complaints with the HOA management.
Most homeowners’ associations apply restrictions on what constitutes acceptable noise levels and which pets are permitted. Sometimes, exotic animals, swine, or fowl are not allowed in a community, as per the CC&Rs, for example.
View
This restriction, if included, may protect property owners from constructing buildings and walls, or even planting trees, that could obstruct the views of the neighborhood. These rules may also be mirrored from city or county regulations.
Business and Personal Conduct
HOAs often restrict businesses operating in a home that may cause disturbances in the neighborhood due to noise levels and zoning laws. This is typically a business, like a daycare, that can cause excessive street parking.
What to Look For in CC&Rs
Before settling in a neighborhood or buying property, it is essential to review the community’s CC&Rs. Below is what one should look for.
Commercial vs. Non-Commercial Use
Some CC&Rs restrict any commercial activity. This typically targets noisy business activities, such as clubs. Review the CC&Rs and read through the relevant sections. If need be, ask the HOA management for clarification.
Ability to Amend CC&R Provisions
One should always check if it is possible to adjust the restrictions and examine how the amendment process works, as well as what can be affected in case of any change.
In some communities, the quorum is very high, which can often lead to issues passing amendments due to low voter turnout and apathy among homeowners.
Restrictions on Length of Stay
Some rules may require that a rental stay a certain number of days. The maximum number is imposed because of HOAs wanting to reduce the number of short-term rentals.
These short-term rentals are growing in popularity, but not with homeowners’ associations. If you are looking to rent your home, which you purchased in an HOA, this would be an item to keep an eye out for when reviewing the CC&Rs.
For assistance with maintaining your HOA, consider our HOA management services today and call us at (602) 437-4777.
