“CC&Rs (Covenants, Conditions and Restrictions), also known as the declaration or declaration of covenants, conditions, and restrictions, is a governing document used primarily for planned communities. More than any other single document, the CC&Rs establishes the planned community because it spells out the essential elements of ownership. The HOA or planned community comes into existence when the CC&Rs is filed in the county register of deeds office. The CC&Rs generally:
- Define the portions of the development owned by the individual HOA member and those owned by the HOA.
- Establish the relationship that binds all the members to the HOA for the purposes of governing, maintaining, and funding the HOA.
- Establish the standards, restrictions, and obligations of the HOA. This ranges from architectural control to restrictions on certain activities within the HOA in order to promote harmonious living.
- Creates the administrative framework for the operation and management of the HOA, while typically most of the specific administrative details are addressed the HOA’s bylaws.
- Gives the HOA the authority to levy assessments for the financial support of the HOA.
- Establishes the transition of developer control of the HOA to the membership. WDMC
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