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Taking a dive into Covenants, Conditions and Restrictions (CC&Rs)

So, a neighbor in your planned residential community -- right next door to the dream property you and your spouse purchased and just knew would be tranquil and beautiful forever -- has put a decades-old Chevy up on blocks in his driveway and seems oblivious to the decibels its motor is cranking out while he works on it -- nightly.

Wrong scenario? OK, perhaps it's the neighbor directly across the street, who just loves to start rehearsing old Led Zeppelin tunes on the Stratocasters with his band mates about 10 p.m. on most weekdays -- with the garage door left open for ventilation.

Can they do that? Conversely, can you drown them out with a loud tape recording of your own?

What exactly do the principal documents that govern the property owners and residents in your community say about such things?

Collectively, and as we noted in an earlier blog post, those documents are referred to as Covenants, Conditions and Restrictions (CC&Rs). If you're a property owner seeking guidance on who can -- or can't -- do what and when, you're going to want to keep a copy of your homeowners association's CC&Rs nearby. Keep a magic marker handy, too.

As we note on our Orange County real estate law website at Smart Law APLC, CC&Rs cover just about everything that a homeowner might deem relevant, including "aesthetics, parking, noise levels, square footage restrictions, and the activities that are allowed in common areas."

Notwithstanding that, though, issues can certainly arise concerning the interpretation, amendment and enforcement of these centrally important provisions.

If you need help with a CC&R-related matter (whether you are acting as a property owner or as a member of a homeowners association), you can receive timely and knowledgeable guidance from an attorney who focuses exclusively on real estate matters in planned communities.

 

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