Covenants, conditions, and restrictions, or CC&Rs, are rules that describe what you can or cannot do with your property. These rules are very clearly described in a legal document called the Declaration of Covenants, Conditions, and Restrictions. Most HOAs have at least some CC&Rs, but some HOAs enforce them more than others.
Purpose of CC&Rs
The main goal of CC&Rs in real estate is to protect, maintain, and enhance the value of properties in the HOA. Most homeowners don’t have an issue with following these rules because they make sense and are rules you would typically follow or do on your own.
In addition to CC&Rs, there are also HOA bylaws. While CC&Rs cover the “what” of the HOA, bylaws cover the “how” of the HOA, or how they will run the HOA. CC&Rs and bylaws are both difficult to change because they require a vote by the Board members to amend.
Examples of CC&Rs:
- Parking restrictions
- Fence types
- Pet restrictions
- Exterior maintenance
Examples of ByLaws:
- Frequency of HOA Board elections
- How to nominate and elect new Board members
- Duties and responsibilities of Board members
- Meeting frequency
How To Enforce CC&Rs
Having rules and restrictions means you have to be able to enforce them. Typically, an HOA manager will visit properties regularly and take note of any violations. From there, the enforcement process begins.
- Step #1: Violation Notice
- Step #2: Violation Notice Follow-Up
- Step #3: Administrative Hearing & Arbitration
- Step #4: Lawsuit Against Resident
If your HOA Board needs help with CC&Rs and how to enforce them, contact Prism Realty Management. Give us a call at 512-676-5842 — we’d be happy to talk to you about who we are, the services we offer, and our process.
