14/03/2023
"WHAT IS CONVENANTS, CONSITIONS & RESTRICTIONS (CC&RS)
Covenants, conditions, and restrictions (also called "CC&Rs") are used by many "common interest" developments, including condominiums and co-ops, to regulate the use, appearance, and maintenance of property. 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. This section provides practical and legal information on CC&Rs to help you understand what you can and cannot do with a given property.
What Is a Covenant?
In the context of residential neighborhoods, a "covenant" is a rule that governs the use of real property, also referring to an agreement to abide by these rules. Legally, a properly recorded covenant (technically, a "restrictive deed covenant") is binding, enforceable and runs with the land. Even when covenants are not part of the contract and are instead signed among neighbors (such as a mutual compact), they are binding and may be litigated if breached.
Covenants are most often used by planned developments such as gated communities, condominiums, and housing cooperatives to ensure a certain level of order and uniformity. The standards enforced through covenants often help the homes in the neighborhood retain their value because they tend to look much nicer and better maintained. Homeowners often welcome these standards since they typically address things like excessive noise, lawn maintenance, and other things that impact quality of life.
The more inclusive term "covenants, conditions, and restrictions" (or CC&Rs) is typically used in real estate documents and homeowners association (HOA) correspondence.
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