Deed Restrictions (a.k.a. “Covenants, Conditions, and Restrictions” or “CC&Rs”)

Deed restrictions (a.k.a. “Covenants, Conditions, and Restrictions” or “CC&Rs”) are recorded within the governing documents and provide information on the organization of the Association as well as limits on behaviors within the community. Common examples of CC&Rs include a description on how assessments are decided (including Special Assessments), the formation and functions of an architectural review committee, insurance requirements for the Association, easements, restrictions on the size and number of pets, limitations on parking and types of vehicles, renting of the home, age restriction of residents, business use of the home, and maintaining the appearance of the property. CC&Rs are not easily changed and usually require a significant majority vote of the membership to amend. The Board of Directors is charged with enforcing the CC&Rs and may not ignore or selectively enforce the restrictions. Violations of CC&Rs may result in a temporary suspension of privileges, removal of the violation with associated costs charged to the member, monetary fines, or some combination of the above.

In addition to the CC&Rs, the governing documents usually grant authority to the Board of Directors to adopt rules and regulations governing the use of the common areas. Common examples of rules and regulations include parking limitations and types of vehicles, policing of pets, and use of common area facilities (clubhouse, pool, etc.). The Board may adopt, amend, or remove rules and regulations at its discretion. Some of these rules and regulations appear within the CC&Rs while others appear in the Design Guide for the Orchards (also available on this blog).

The CC&Rs apply to all persons within the Community, whether Owners, Renters, Lessees, or their guests.