CC&R’s – Drafting and Recording

CC & R’s are Covenants, Conditions and Restrictions, and reference to them may be abbreviated with just those letters.  They are used by many developments, including condominiums and co-ops, to regulate the use, appearance and maintenance of a purchased property.  They are most commonly drafted and enforced through associations but careful reading of any documents by your attorney can give you insight before the transaction is completed as to what your legal obligations will be related to that property.

When CC&Rs are filed with a county recorder by the association, they become public documents so anyone can see a copy.  Whether you read or understand it, once it is recorded, you are bound as an owner of that property to comply with restrictions, limitations or expectations contained in them.

An attorney can see the red flags some of these may contain and warn you about things you may be obligated to provide or avoid, once you make a legal transaction in purchasing a new property. 

If you are selling a property containing specific restrictions or obligations, you should detail these for the buyer before the completion of the transaction. 

If you are buying a property, you certainly want to know what you can and cannot do in regards to the property before you actually purchase it. 

Of special importance to you will be whether the CC & R’s have an expiration date or automatically renew, whether they have actually been recorded in the County, and what they are called.  They may be listed as a maintenance agreement, declaration of trust ore even something else.  Your attorney will be critical in being sure the proper steps are taken regarding these.

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