What are CC&Rs?

The Declaration of Covenants, Codes & Restrictions (CC&Rs) is a legal document that describes the rules and responsibilities of a community governed by an HOA. These CC&Rs are defined in the interest of the community to protect and improve property values for all its residents. In an HOA, every homeowner must abide by these CC&Rs.

Depending on the neighborhood, CC&Rs can seem perfectly reasonable or potentially overbearing. For example, some HOAs have a covenant that requires each homeowner to pay monthly dues that are budgeted toward services like trash collection and community gardening, which have clear benefits to every homeowner. However, certain restrictions might be equally difficult to make sense of. Some CC&Rs could require homeowners to have red front door, taking away the opportunity to choose one’s own aesthetic design. Regardless of a homeowner’s own desires, upholding the CC&Rs is non-negotiable.

If a homeowner violates their CC&Rs, there are often consequences. These penalties can include fines, suspension of common area privileges (like using a community pool or gym), or even potential litigation. It’s in everyone’s best interest to avoid going against CC&Rs. In the case a homeowner wants to amend CC&Rs (i.e., Bob wants to paint his door blue), the amendment must be approved by the HOA’s elected board of directors. Such a change can take quite a bit of time, and most HOAs will only allow for the change if it’s truly in the best interest of every member of the community.

Every HOA will inevitably have different community needs and desires, so CC&Rs tend to vary. In general, it’s best for any prospective buyer into or current homeowner in an HOA to thoroughly read through and understand CC&Rs. This alleviates the potential for wrongdoing, while making clear the priorities of the community at large.