CC&Rs are contractual agreements that establish rules, restrictions, and obligations for property owners within a particular community or development. They aim to maintain property values, protect the rights and interests of homeowners, and ensure harmony.
"Covenants" are promises. In effect, a buyer in a common interest development promises to abide by the governing documents and pay his/her assessments. The buyer does not sign an agreement making a promise to abide by the documents; the promise is imposed on the buyer as an equitable servitude that runs with the property and is fully enforceable against the owner of the property. A positive covenant is a promise to do something, and a restrictive covenant is a promise not to do something.
"Conditions" in a contract or agreement can suspend, or rescind, or modify an obligation. In other words, an event must take place before a party to a contract must perform their obligation. There are very few if any real conditions in a set of CC&Rs. Arguably, paying assessments is a condition to keeping one's house or condominium. Failure to pay them can result in the loss of ownership of the house or condo.
"Restrictions" are limitations imposed on owners on the use of their property. For example, restrictive covenants often limit the number and kinds of animals an owner may keep, the alterations they can make to their property, the number of vehicles they can park, etc. The purpose of the restrictions is to maintain property values as well as order among neighbors. They also have the effect of conferring rights on owners. For example, restrictions on the height of trees protect views for owners. (Ekstrom v. Marquesa.) Other rights conferred include rights of ingress and egress and easements.
"Covenants" are promises. In effect, a buyer in a common interest development promises to abide by the governing documents and pay his/her assessments. The buyer does not sign an agreement making a promise to abide by the documents; the promise is imposed on the buyer as an equitable servitude that runs with the property and is fully enforceable against the owner of the property. A positive covenant is a promise to do something, and a restrictive covenant is a promise not to do something.
"Conditions" in a contract or agreement can suspend, or rescind, or modify an obligation. In other words, an event must take place before a party to a contract must perform their obligation. There are very few if any real conditions in a set of CC&Rs. Arguably, paying assessments is a condition to keeping one's house or condominium. Failure to pay them can result in the loss of ownership of the house or condo.
"Restrictions" are limitations imposed on owners on the use of their property. For example, restrictive covenants often limit the number and kinds of animals an owner may keep, the alterations they can make to their property, the number of vehicles they can park, etc. The purpose of the restrictions is to maintain property values as well as order among neighbors. They also have the effect of conferring rights on owners. For example, restrictions on the height of trees protect views for owners. (Ekstrom v. Marquesa.) Other rights conferred include rights of ingress and egress and easements.
CC&Rs are different for every community in part because the developer is responsible for writing the first set of covenants, conditions and restrictions.
What is an example of a CC&R?
For example, restrictive covenants often limit the number and kinds of animals an owner may keep, the alterations they can make to their property, the number of vehicles they can park, etc. The purpose of the restrictions is to maintain property values as well as order among neighbors.
What is an example of a CCR violation?
Common CC&R concerns or violations can include: Overgrown foliage needing to be trimmed. Lawn needing proper attention or over seeding in the winter. Building projects for your home or yard without approval, proper permits and/or variances. Home exterior, fence, or gate needing to be repainted.
What is an example of a CC&R?
For example, restrictive covenants often limit the number and kinds of animals an owner may keep, the alterations they can make to their property, the number of vehicles they can park, etc. The purpose of the restrictions is to maintain property values as well as order among neighbors.
What is an example of a CCR violation?
Common CC&R concerns or violations can include: Overgrown foliage needing to be trimmed. Lawn needing proper attention or over seeding in the winter. Building projects for your home or yard without approval, proper permits and/or variances. Home exterior, fence, or gate needing to be repainted.