A Declaration of Covenants, Conditions and Restrictions also referred to as CC&Rs or a Declaration is a recorded document that includes a legal description of the development and a statement that it is a community apartment project, condominium project, planned development, or stock cooperative. The CC&Rs must also set forth the name of the association and the restrictions on the use of the property. Unlike bylaws, which address the governance of an association,CC&Rs describe property rights and obligations of the membership, such as restrictions on the use of the property, member and association maintenance duties, enforcement powers, lender protection provisions, assessment obligations and lien/collection rights, duty to insure, and dispute resolution and attorney fees provisions.

Covenants are promises a buyer in a common interest development promises makes. A positive covenant is a promise to do something while and a restrictive covenant is a promise not to do something.

Conditions can suspend, rescind, 'or modify;an obligation. This means an event must take place before a party to an agreement must perform his or her obligation. There are usually very few, conditions in of CC&Rs.

Restrictions are limitations imposed on members on the use of their property. For example, restrictive covenants may limit, the number of vehicles they can park in defined areas, The purpose of the restrictions are to maintain property values and order among members. They also confer rights on owners., For example, restrictions on the height of trees protect the views of owners.

There are two categories of restrictions-those found in the CC&Rs (equitable servitude) and those later adopted by an association's board of directors (rules & regulations), Restrictions found in the CC&Rs are have the presumption of validity which arises from the fact that each unit owner purchase his unknowing of and accepting the restrictions to be imposed, while, rules and regulations are subjected to a reasonableness analysis.

Even though the courts sometimes treat CC&Rs as contracts, they are not contracts, They are equitable servitude. An equitable servitude creates an obligation or encumbrance on land, enforceable in equity.

CC&Rs may be amended and restated and are effective upon recordation.

The proper way to abbreviate Declaration of Covenants, Conditions and Restrictions is CC&Rs, not CC&R's.

An association's CC&Rs shall be enforceable equitable servitudes unless unreasonable. Use restrictions in a recorded declaration are afforded a presumption of validity and will be enforced unless found unreasonable under a deferential standard. Whether CC&Rs are reasonable is determined not by reference to facts specific to the objecting homeowner but by reference to the common interest development as a whole. Restrictions contained in CC&Rs are presumed reasonable_and will be enforced unless the restriction: Is arbitrary, imposes burdens on the property that substantially outweigh the restriction's benefits to the development's residents or violates a fundamental public policy,

CC&R provisions are presumptively valid, and the burden of proving other:wise rests on the challenging owner. Also, because CC&Rs are recorded, members are deemed to have constructive notice of the restrictions whether or not they received them in escrow or whether or not they read them.

A recorded declaration of covenants, conditions, and restrictions (CC&Rs) serves as constructive notice of the restrictions contained in the document. Actual notice consists of express information of a fact. Constructive notice means notice given by the public records. With constructive notice, people are presumed to know the contents of recorded instruments. Constructive notice is the equivalent of actual knowledge.

 

Bylaws of Homeowner Associations

Suspension of Common Area Privileges