CC&R’s stand for Covenants, Conditions, and Restrictions; they can also be called the Declaration. CC&R’s are drafted by the builder (and/or the builders attorney) when the community is being created. The CC&R’s are a legal document that is recorded with the state. Typically the CC&R’s contain the information an association needs to govern the community including definitions, use restrictions, maintenance responsibility, assessment billing and collection, and insurance requirements. The CC&R’s typically will define things such as common area, limited common area, etc. They provide the structure to administrate the community and provide the rules needed to promote a harmonious living environment for its residents.
A 67% vote of the membership is typically required to make any changes to the CC&R’s and it is important to remember when creating rules and resolutions, that they can only define or clarify the CC&R’s, not contradict with them. While CC&R’s take precedence over Bylaws, it is also important to remember that city, state, and federal laws would typically take precedence over the Associations CC&R’s. This includes rules on displaying political signs, flying the American flag, and satellite dish installation.
While the CC&R’s are not always comprehensive, they usually provide enough guidance to run the community, which paired with the state statues, federal law, and local resources, can be a great foundation. They are also left vague enough in certain respects so that the Board may further define the CC&R’s in community rules as needed.
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