The covenants, conditions, and restrictions (CC&Rs) are the rules that are established for the residents in an HOA. These legally recorded documents provide the rules for the community and limits what a person can do with their property. The main goal of setting the CC&Rs is to preserve, protect, and increase the value of property in a community. While these rules work for the improvement of the community, residents may review CC&Rs anytime to remind themselves of the rules and to see if there is a way to change any of them for the benefit of the community. For help maintaining CC&Rs or drafting them for newer HOAs, consider hiring a Chandler HOA management company.
Why Have the CC&Rs
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 that homeowners prefer communities with CC&Rs is that most homeowners 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 helping to improve the value of their residents’ individual properties.
Types Rules in CC&Rs
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 property so that it will always look cared for, presentable, and aesthetically matching the community. Ensuring a cohesive community is key so typically there is an architectural approval process outlined in the CC&R’s for homeowners to submit approval for aesthetic changes to 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 HOA management. Most homeowners associations apply this restriction on what level of noise is enough and which pets are permitted. Sometimes exotic animals, swine, or fowl are not allowed in a community per the CC&Rs for example.
- View< This restriction, if included, may protect the property owners from constructing buildings and walls or even planting trees which may obstruct the views of the neighborhood. These rules may also be mirrored from city or county regulations./li>
- Business and Personal Conduct
HOAs often restrict businesses operating in a home that will cause disturbances in the neighborhood because of noise level and the zoning laws. This is typically a business like a daycare that can cause excessive street parking.
- Commercial vs. Non-Commercial Use
Some CC&Rs restrict any commercial activity. This normally targets noisy business activities like clubs. Look at the CC&Rs and read through the 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 look into how the amendment process happens and 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 voting numbers and apathetic homeowners.
- Restrictions on Length of Stay
Some rules may require that a rental should stay a certain number of days. The maximum number is imposed because of HOAs wanting to reduce the amount 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 you purchase in an HOA, this would be an item to keep an eye out for when reviewing the CC&Rs.
What to Look For
Before settling in a neighborhood or buying property, it is important to look at the CC&Rs of the community. Below is what one should look for.