The declaration of, or covenants, conditions, and restrictions (CC&Rs) for, a community compose a binding legal document that provides specific operating parameters for a given community as a non-profit corporation. A community’s CC&Rs dictate what policies and regulations must be adhered to in the operation of a community. The CC&Rs also define the rights homeowners have to property within the community, both their own property and common property. The following definitions, rights, and responsibilities are typically described in a community’s CC&Rs:
- responsibility for maintenance and repair of various properties within the community (homes and common areas)
- rules and restrictions concerning property use and appearance
- the association’s right and responsibility to collect assessments
- regulations for collecting assessments
- definitions of property and easements within the community
- defining characteristics of the community
- architectural guidelines for the construction of new structures and modification of existing structures
- guidelines for enforcing all policies and regulations found in the CC&Rs
In the hierarchy of community governing documents, a community’s CC&Rs are second only to the recorded map, plat, or plan, for the community, and are commonly accepted as the authoritative document for governing and operating a community. The CC&Rs for a community are recorded at the County Register of Deeds office of the county where the community is located, and serve as one of the primary documents for establishing the community as a legal entity. A copy of the CC&Rs for your community is available through your personal account website in the “Documents” section, or you can contact us, and we will be able to provide you with a copy.
Please review the following steps to obtain a copy of your community’s CC&Rs via your personal account website:
- Log in to your account at kuester.com as you normally would to pay assessments.
- Select the “Documents” tab located in the top left section of the page, just above the “Logout” button.
- Select “Governing Documents” in the drop-down box titled “Select a Category.”
- A download link for the community’s current CC&Rs will be displayed at the bottom of the screen.
In a nutshell: Have you ever heard of the Declaration of Independence? Me neither, but I’m told that the CC&Rs for a community act in the same way that the mystery document mentioned above acts in regard to governing and operating a country. I’m also told that both are a brutal, brutal read – like strap a legal dictionary to your eyeballs and inject pure caffeine intravenously as needed brutal, which is unfortunate, because the CC&Rs contain a lot of important information. For instance, when I wanted to turn my home into a rat farm (yes, there’s a market for it), the CC&Rs contained the policy describing my immediate expulsion from the community if I decided to proceed. So, I had to go off-site. Regardless, the CC&Rs, using difficult verbiage and terminology, spell out your rights as a homeowner, the rights of the association, and all rules and regulations associated with you not starting your own rat farm.