A reminder! Covenants, Conditions and Restrictions – CC&R’s – A Contract!

by Teri Ellis on July 29, 2011

CC&R's

I think some things are worthy of repeating!  Changes happen on a regular basis these days, so as a reminder:

Are you all aware? You are signing a contract? In Phoenix and Mesa, Arizona, many/most of the newer communities have a Home Owner Association. That means, for those who don’t know, that there are “Covenants, Conditions and Restrictions” governing the community. Buyers when you purchase a home in Phoenix or in Mesa, or in Phoenix Valley, you will be given a copy of the By-Laws and CC&R’s for your community. Generally, the title company will mail them to you within ten days of opening escrow.  It would behoove each buyer to actually review and/or read the CC&R’s to make sure they are aware of the rules and regulations set forth therein. I’ll cite some “for instances” below:

 

1.  Say, for instance, you the buyer, purchase a home and move into a family community. You have four children, and of course want to install a trampoline (with a net for safety reasons) and a swing set with a fort at the top and a slide, swing, etc. Have you read your CC&R’s?

2.  Next, you want to utilize your RV gate, and park an RV trailer, or a boat alongside your home, or even in the back if the lot is large enough. Have you read your CC&R’s?

3.  How about this one: You realize you need extra storage in your back yard, so you build a storage shed (which is 6-10 inches above the wall).  Have you read your CC&R’s?

4.  Since your children love to play basketball, you install a basketball hoop in the backyard….. again, have you read your CC&R’s.

5.  You’d like to paint your home a different color….

6.  You want to park one or two vehicles in front of your home on the street. (I’ll focus on this issue in another post)

I’ve just cited a few problematic situations. You, the buyer, will quickly learn what the rules of the HOA are when you attempt to do any of the above without getting Board approval. Many times the Board will be able to approve certain requests based on the contents of the CC&Rs.

Keep in mind that the Board did not structure the rules. They are merely serving on the Board to carry out the rules you agreed to when you purchased your new home.  As a current and a former member of the Board of Directors in my community, I am/was privy to all of the behind the scenes’ action. Most of the problems could have been resolved before ever being presented to the Board if only the Buyer had read the CC&R’s.

The builders and their attorneys are the ones that typically put together the CC&R’s – and from what I’ve seen, they are pretty much boiler plate…..

Learn to work within the boundaries of the CC&R’s, and offer to join the Board to help make your community one in which everyone will want to live.

  • What is a Home owners Association or HOA (wiki.answers.com)

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