HOA CC&Rs: What you need to know

As part of a homeowners' association (HOA), you've probably heard the term "CC&Rs" often. It sounds like a cluster of letters with no concrete meaning, but the truth is that CC&Rs are your association’s Covenants, Conditions, and Restrictions, and they can have a tangible impact on how you live. In the following article, we’ll explain everything you need to know, including the basics, benefits, and how they impact your community.
 

HOA CC&Rs: The basics

Homeowners Association Covenants, Conditions, and Restrictions, are a set of rules and guidelines that govern the use and appearance of properties within a homeowners association community. These rules are legally binding and are part of the governing documents of the HOA.

“It’s essential that homeowners fully understand the rights and responsibilities provided under their HOA CC&Rs," said Steven Hirsch, senior vice president of property management at FirstService Residential. "The CC&Rs are the association's 'Bill of Rights' and serve as a roadmap to help guide homeowners on the 'dos and don'ts' within their community. Compliance or non-compliance with an association's CC&Rs can determine the harmony or discord of association living."
 

What do HOA CC&Rs typically cover?

• Architectural Standards: They often outline specific guidelines for the architectural design and appearance of homes within the community. This can include restrictions on the type of materials, colors, and styles that can be used for exterior modifications or renovations.
   
• Landscaping: They may govern how homeowners can landscape their properties, including rules about front and backyards, the types of plants or trees allowed, and maintenance standards.
   
• Use of Property: They specify how properties can be used. For example, they may restrict or regulate home-based businesses, short-term rentals (like Airbnb), or other commercial activities conducted from residential properties.
   
• Pets: They may address rules related to pets, including the number of pets allowed, breed restrictions, and leash requirements.
   
• Maintenance: They often include standards for property maintenance, such as requirements for keeping properties clean, in good repair, and free of debris.
   
• Parking: They can establish rules about parking, including where and how vehicles can be parked, and may address issues like RV or boat storage.
   
• Noise and nuisance: They may have provisions regarding noise levels and nuisance factors, ensuring that residents maintain a peaceful and quiet environment.
   
• Amenities and common areas: They can detail rules for the use and upkeep of common areas and amenities like pools, parks, and clubhouses.
   
• Assessments and dues: They may outline the process for collecting homeowner association dues and special assessments, which are used to maintain common areas and provide services to the community.
   
• Enforcement: They specify how the HOA will enforce the rules, including the process for issuing warnings, fines, or legal action against homeowners who violate them.
   
• Dispute Resolution: They often include procedures for resolving disputes between homeowners and the HOA.
   
• Amendment Process: They may outline the process for amending the document. This typically requires a vote by the homeowners within the community.

Homebuyers should carefully review the Covenants, Conditions, and Restrictions before purchasing a property within an HOA-managed community to ensure they are comfortable with the rules and restrictions. Failure to comply with them can result in penalties and legal action by the HOA. It's essential to understand these regulations and follow them to avoid potential issues within the community.
 

Why does an HOA CC&R matter?

Covenants, Conditions, and Restrictions are developed to protect property values and keep your neighborhood safe and well-maintained. They're created to ensure a certain standard of life so all owners and residents are given the same rights and privileges and held equally accountable. While some people might think of them as a burden, they are intended to create an environment where the quality of life is upheld every day, and everyone has the freedom to live happily.
 

The benefits of HOA Covenants, Conditions, and Restrictions

By living in a community with CC&Rs, you can rely on your neighborhood to maintain a pleasant and visually appealing decorum. Because of these guidelines, you never have to worry about your neighbor painting their house wild colors or keeping an unsightly boat parked in their driveway year-round. Some buildings have even adopted restrictions that protect homeowners’ views from being obstructed. Of course, living in a homeowners' association has many other benefits – association fees collected from owners go toward paying for community amenities like parks, community centers, pools, and more. The money is placed in reserve accounts that accommodate the cost of major upgrades or repairs to the community that may arise from time to time.
 

How are HOA CC&Rs created?

They are usually crafted by developers and later amended by the community association board. Your HOA board can update them according to shifting community trends and needs. These new rules take shape as bylaws. However, because homeowners duly elect the board, their actions should reflect the wants and needs of association members.

When your community partners with a professional property management company, that firm becomes the party that enforces the rules. That means they collect dues and issue warnings or fines when laws are broken. Effective management teams can also help educate homeowners by delivering clear and consistent communication that explains the value of the association's bylaws, minimizing misunderstandings, and maintaining compliance.
 

How do HOA CC&Rs impact you?

Ultimately, they are in place to improve your life, so you should familiarize yourself with them. Being properly informed about your home and the surrounding community can help you abide by the laws and be a good neighbor. Being well-versed in your they will also help you avoid any conduct that may be perceived as inappropriate.

It’s also essential to know your rights as part of your community. Under state laws, you should have received a copy of your them when you purchased your property. If you don't have a copy, you should contact your board for one as soon as possible. If your association works with a property management company, they can help.
 

How to find your CC&Rs

Typically, you can find your community’s Covenants, Conditions, and Restrictions for a homeowners association (HOA) community, you can follow these steps:

1. Ask the seller or real estate agent: If you're in the process of buying a home in an HOA community, ask the seller or your real estate agent for a copy of them. Sellers are usually required to provide these documents to potential buyers during the sales process.
    
2. Contact the HOA management team: Reach out to the management company or the board of the homeowners association. They should be able to provide you with a copy of them. You can usually find their contact information on the HOA's website or by asking your real estate agent.
    
3. Check the HOA website: Many communities have websites where they post important documents. Search for the HOA's website and look for a "Documents" or "Resources" section.
    
4. Public Records: In some states, they  are recorded in public records. You can visit your local county recorder's office or check their website to see if they have them on file. This is especially helpful if you've already purchased a property and want to review them.
    
5. HOA management company: If your HOA is managed by a professional management company, you can contact them directly to request a copy of them.
    
6. HOA Meetings: Attend an HOA meeting, if possible, and ask about the availability of HOA documents. Board members or other homeowners may be able to guide you on how to obtain a copy.
    
7. Neighbors and current residents: If you have neighbors in the community, ask if they have a copy of them. They may be willing to share their copy with you or at least guide you on where to find them.
    
8. Online Databases: Some online databases or services specialize in providing copies of HOA documents, for a fee. You can search for these databases online.

Once you have obtained a copy of the CC&Rs, be sure to read and understand them thoroughly. They can be detailed and may contain important information regarding your rights and responsibilities as a homeowner in the community. If you have any questions or concerns, consider consulting with a legal professional or seeking clarification from the HOA board.

To learn how a professional management company like FirstService Residential can support your community, contact a member of our team.