CC&Rs Defined

“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:


  1. Define the portions of the development owned by the individual HOA member and those owned by the HOA.


  1. Establish the relationship that binds all the members to the HOA for the purposes of governing, maintaining, and funding the HOA.


  1. 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.


  1. 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.


  1. Gives the HOA the authority to levy assessments for the financial support of the HOA.


  1. Establishes the transition of developer control of the HOA to the membership. WDMC



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