In real estate, Covenants, Conditions and Restrictions pertain to communities which are governed by a homeowner’s association. CC&R’s are the rules and guidelines set forth by the homeowner’s association to help preserve and maintain the property values in the community.
Examples of CC&R’s
Homeowner’s associations set up rules and guidelines for the residents to help maintain and preserve the neighborhood. For example, you may be required to keep the front yard maintained (keeping the grass mowed, trees & bushes trimmed & weeds under control). Other examples may include the number of trees & bushes required in the front yard as well as a list of accepted trees. CC&R’s can even determine the color of your house! Often times you will be provided a list of acceptable colors determined by the HOA to choose from. It’s easy to see why some residents have disagreements with HOA’s, but it’s important to remember the purpose behind guidelines. Preserve, protect & maintain the property values.
Prospective buyers should be aware of the CC&R’s in neighborhoods they are considering. Some associations may have dog breed and parking restrictions, that could be valuable information prior to purchasing.
Prior to purchasing a home in a covenanted neighborhood, homeowners will sign documents stating that they have read and agree to the terms set forth in the CC&R’s. Violating the terms enforced by the HOA could possibly result in fines, forced compliance or even lawsuits. For example if you decide to paint your house a color not on the approved HOA list, they could enforce a fine as well as force you to repaint the house.
HOA dues and assessments can be billed monthly, quarterly or even annually. Often times these dues can also cover services like trash, water and sewer. These dues as well as non-payment penalties can be found in the CC&R’s. If a homeowner falls behind on their dues, the HOA can go as far as to getting a lien on the home.
In summary, CC&R’s can help homeowners maintain and preserve home values, whether the market is in correction mode or thriving. The rules set forth by HOA’s may seem a little heavy at times, but in many situations communities rely on the structure provided by the CC&R’s.
To learn more about CC&R's and other real estate topics, visit our real estate knowledge base or contact the Arizona Key Team.