Home Owner Associations and CC&Rs

When you buy a house in a new subdivision, common interest development (CID), planned unit development (PUD), or co-op, you may be subject to a host of rules and regulations. Chances are good that you will also automatically become a member of an exclusive club -- the homeowners' association, whose members are the people who own homes in the same development.

CC&Rs

The homeowners' association will probably exercise a lot of control over how you use your property. Deeds to houses in new developments almost always include restrictions on how the property can be used. Usually, these restrictions, called covenants, conditions and restrictions (CC&Rs), put decision-making rights in the hands of a homeowners' association. If you don't understand something, ask for more information and seek legal advice if necessary.

Some associations enforce every rule with the enthusiasm of a Marine drill sergeant; others are run in a far more relaxed way. Most associations are very sensitive to making decisions which will enhance the value of the houses.

CC&Rs commonly limit things like the colors you can paint your house, the type of front yard landscaping you can do, etc. Some require that garages facing the street be kept neat and prohibit parking RVs or boats in the driveway.

These rules may be fairly general, but more often they are detailed. Getting relief from restrictive CC&Rs isn't easy. You'll likely have to submit an application (with fee) for a variance, get your neighbors' permission and possibly go through a formal hearing.

Maintenance Fees

Homeowners' associations can often assess mandatory fees for common property maintenance, which can get expensive if the development has a pool, golf course or other recreational facility. If you're on a tight budget, check the homeowners' association membership fee.