What are Covenants and Restrictions?
Restrictive covenants are provisions in a deed limiting the use of the property and prohibiting certain uses. They are similar in effect to equitable servitudes, but restrictive covenants run with the land because the restrictions are contained in the deed. Restrictive covenants are typically used by land developers to establish minimum house sizes, setback lines, and aesthetic requirements thought to enhance the neighborhood. Also known as: CC&R's, DCC&R's, Declaration of Covenants, Conditions and Restrictions, Governing Documents, Deed Restrictions.
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I want a copy of the Declaration of Covenants, Conditions & Restrictions, Bylaws and any other rules of the association. Where can I get these?
CLOSING AGENTS/REALTORS: These must be ordered from our website at www.CommunityAssociationManagement.com by clicking on the "Realtors, Appraisers, Agents, Lenders & Insurance Documents" link. HOMEOWNERS: These documents may be downloaded from your ...
I received a violation letter in the mail. Why is the association telling me I need to maintain my property? What gives them or you the right to tell me what I can do on my own property?
When owners purchase homes in homeowner and condominium associations, they contractually agree to become part of an association of their fellow owners, all of whom are bound by certain governing documents. Some of these documents are filed with the ...
What can I as an owner do if the association is not performing its duties or if other owners violate restrictive covenants or bylaws?
Your remedy is to sue the association and/or the offending property owners in court for an order compelling them to abide by all lawful covenants and bylaws. But remember, these are private rights of action that you must assert on your own. No ...
Don't my constitutional rights to freedom of speech, freedom of religion and the enjoyment of my property prevail over the restrictive covenants or the powers of the association?
Not in all cases. If you choose to purchase a restricted property, you agree to abide by the restrictions. Display of signs, flags or banners, certain uses of the property, storage of personal property (e.g., boats, RV's, etc.), keeping of animals, ...
Do I have to join the Association?
It depends on whether it is “voluntary” or “mandatory.” Membership in an association is typically mandatory if the restrictive covenants are recorded in a property's chain of title. But some neighborhoods (very few) have less formal voluntary ...