What Are CC&Rs ?

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CC&R is the common abbreviation for your community's “Covenants, Conditions and Restrictions.” This term refers to all documents, contracts, or agreements that define the use of real property in your association. It is an defined agreement between homeowners or between a property owner and an association. CC&R’s are frequently created in order to:

• Designate use and restrictions for property owners to enhance and/or maintain their property’s value

• Allow property owners to make modifications that are in accordance and create continuity within the community and does not interfere with adjacent property and property owners rights of enjoyment.

 They are particularly useful in situations such as condominium and community associations, where the property of each individual owner is in very close proximity. CC&R’s may also dictate the use and rights of property owners in relation to the condo or homeowner’s association.     

Covenants, conditions and restrictions can cover different concerns and vary based on the development, when it was constructed and the type of community it is located. Some of the more common items include:

• Maintenance and Aesthetic Appearance: This is the most common type of restrictions for homeowners. Homeowners are often required to maintain their property so that it is appears presentable and aesthetically in accordance with the community. These agreements can also include fencing, landscaping, home color and required variances for exterior modifications.

• View: Some associations may have have restrictions guaranteeing the right of views within the community.

• Nuisances:  : Noise and pets can often be the grounds for a nuisance complaint and possible lawsuit. Many communities, especially condominium and community associations restrict noise levels and "quiet hours".

• Pets: Usually subjected primarily in condominium or community associations, the type and size of pets can be restricted.

• Common Areas: Many of the amenities found in an association will be relegated to use and restrictions and usually will authorize further rules and regulations to be implemented further by the board of directors.

• Construction and Building Projects: Property owners can be restricted to certain days or hours for construction and building projects. 

• Business and Personal Conduct: Due to varying zoning laws and noise concerns, residents typically cannot operate a business operation within their home if they will be a disturbance to the associations. 

Covenants, conditions, and restrictions are mutually agreed upon contracts between property owners and a homeowners association. If you have a dispute over types of property restrictions, you should always first review the contract or covenant documents. If there is a general consensus within the neighborhood to change part of the CC&Rs, amendment and modifications can be voted on and if approved by the required quorum of voting members can be changed.