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Simple English definitions for legal terms
covenants, conditions, and restrictions
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A quick definition of covenants, conditions, and restrictions:
Covenants, conditions, and restrictions (CC&Rs) are rules that control how people can use a piece of land in a community. They can say things like what kind of fence you can have, what kind of garbage cans you can use, and if you can start a business in the area. Homeowners usually have to pay money to keep the community looking nice. These rules are usually made by a group of people who live in the community or the people who built the community. They are important because they help keep the community safe and looking good. If someone breaks the rules, they might have to pay a fine.
A more thorough explanation:
Covenants, conditions, and restrictions (CC&Rs) are rules that govern the use of a specific piece of real estate in a particular community. They are often enforced by a homeowners' association (HOA), neighborhood association, or the initial builders/developers of the community. CC&Rs are most commonly found in planned communities or common interest developments such as condominium complexes, industrial parks, or private neighborhoods.
CC&Rs can regulate a variety of things, such as:
- The type of fences allowed around a house
- The type of garbage cans allowed
- Whether parties can be held in the community
- Whether businesses can be opened in the community
CC&Rs can also impose additional duties on homeowners, such as paying monthly dues for upkeep fees.
CC&Rs are usually recorded in the county clerk's office and run with the land. This means that they are binding on all future owners of the property. If a homeowner violates the recorded CC&Rs, the HOA or other overseeing entity can impose penalties.
For example, if a CC&R states that homeowners cannot park their cars on the street overnight, and a homeowner violates this rule, the HOA may impose a fine or other penalty.