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CC&Rs, most commonly drafted and enforced through homeowners' associations (HOAs), often restrict what homeowners can do on their property. For example, some CC&Rs do not allow homeowners to hang their laundry out to dry, set lawn maintenance standards, or prohibit home additions or major changes.
Covenants, Conditions & Restrictions (CC&Rs) This is a legally binding document that is officially recorded and filed with your state. Your CC&Rs cover the rights and obligations of the homeowners association to its members and vice versa.
CC&Rs are equitable servitudes and not a contract. An "equitable servitude" creates an obligation or encumbrance on land, enforceable in equity. Once recorded it runs with the land and continues to burden/benefit successor owners of the land and is enforceable without resorting to a breach of contract cause of action.
While bylaws are generally mutually agreed upon governing rules for an organization or business, covenants are usually long-term promises to do something or refrain from action that may last for several generations.
Federal and State Laws and Statutes The laws of the land take precedence over all other HOA documents. State laws come before local laws, while federal laws outweigh everything else. Whether you're drafting your governing documents or deciding which one to follow, it's important to always check the law first.
The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.
Building restrictions (CC&Rs). What happens if building restrictions (CC&Rs) are not recorded? Subsequent owners are not affected by the restrictions if they are not recorded. What eventually happens to the deposit given when a purchase agreement is executed?
The rules of an HOA are legally binding for association members, but they generally aren't enforceable by the police. Violations of HOA guidelines are considered a civil matter between the HOA and non-complying members. The exception to this is if HOA's rules overlap with other laws.