Sample declaration of CC&Rs.
The CC&Rs — the Declaration of Covenants, Conditions & Restrictions — are the recorded "rulebook" that runs with the land and binds every owner. Here's a plain-language example to get oriented.
The Declaration of Covenants, Conditions & Restrictions (the "CC&Rs" or "Declaration") is recorded against the property and is the most important of an association's governing documents. It defines owners' rights and obligations, creates the lien for assessments, sets architectural and use restrictions, and "runs with the land" — meaning it binds every current and future owner.
Real CC&Rs are long and highly specific to each community and state. The example below is a condensed, generic illustration of the articles a typical Declaration contains. It is not a drop-in document — use it only to understand the structure, and work with an attorney to prepare or amend your community's actual CC&Rs.
Important. CC&Rs vary widely by state and community and have significant legal consequences. This condensed sample is for general reference only and is not legal advice. Always have a licensed attorney draft, review, and record your association's Declaration.
DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS FOR [NAME OF COMMUNITY]
THIS DECLARATION is made on [Date] by [Name of Declarant] ("Declarant"). Declarant owns the real property in [County], [State], more particularly described as [Legal Description] (the "Property"). Declarant desires to subject the Property to the covenants, conditions, restrictions, easements, and liens set forth below for the benefit of the Property and its owners. NOW, THEREFORE, Declarant declares that the Property shall be held, sold, and conveyed subject to the following, which shall run with the land and bind all parties having any right, title, or interest in the Property.
Definitions
1.1 "Association" means [Name of Association], a [State] nonprofit corporation, its successors and assigns.
1.2 "Owner" means the record holder of fee simple title to any Lot, excluding those holding title merely as security for performance of an obligation.
1.3 "Lot" means any plot of land or unit shown on the recorded plat of the Property intended for separate ownership, together with any improvements.
1.4 "Common Area" means all real and personal property owned or maintained by the Association for the common use and enjoyment of the Owners.
1.5 "Declaration" means this instrument and any amendments or supplements recorded in the public records of [County], [State].
1.6 "Member" means every person or entity holding membership in the Association by virtue of being an Owner.
1.7 "Board" means the Board of Directors of the Association.
Property rights
2.1 Owners' Easements of Enjoyment. Every Owner has a right and easement of enjoyment in and to the Common Area, which is appurtenant to and passes with title to every Lot.
2.2 Extent of Easements. The Owners' rights of enjoyment are subject to the right of the Association to: charge reasonable fees for the use of any facility; suspend an Owner's use rights for nonpayment of assessments or for violations of the governing documents; adopt rules and regulations; and, with member approval, dedicate or transfer Common Area as permitted by law.
2.3 Delegation of Use. Any Owner may delegate their right of enjoyment to family members, tenants, and guests, subject to the governing documents and the Association's rules.
Membership & voting
3.1 Membership. Every Owner is a Member of the Association. Membership is appurtenant to and inseparable from ownership of a Lot.
3.2 Voting Rights. The Association shall have [Number of] class(es) of voting membership. Except as otherwise provided in the Bylaws, each Lot shall be entitled to [Number of] vote(s). When more than one person holds an interest in a Lot, the vote for that Lot shall be exercised as they determine, but in no event shall more than the allotted votes be cast for any one Lot.
Assessments
4.1 Covenant for Assessments. Each Owner, by accepting a deed to a Lot, covenants to pay the Association: (a) annual assessments, and (b) special assessments. Such assessments, together with interest, costs, and reasonable attorneys' fees, are a charge on the Lot and a continuing lien upon it, and are also the personal obligation of the Owner at the time the assessment fell due.
4.2 Purpose. Assessments shall be used to promote the health, safety, welfare, and recreation of the Owners and for the operation, maintenance, repair, and improvement of the Common Area and the performance of the Association's duties.
4.3 Annual Assessments. The Board shall set the annual assessment based on a budget. The annual assessment may be increased each year by the Board as provided in the governing documents and applicable law.
4.4 Special Assessments. In addition to annual assessments, the Association may levy special assessments for capital improvements or unexpected expenses, subject to any member-approval requirements in the Bylaws and applicable law.
4.5 Uniform Rate. Annual and special assessments shall be fixed at a uniform rate for all Lots, except as otherwise provided in this Declaration.
4.6 Effect of Nonpayment; Remedies. Any assessment not paid when due shall bear interest and may be collected by the Association by suit against the Owner and/or by foreclosure of the lien, to the extent permitted by law. No Owner may waive or avoid liability for assessments by non-use of the Common Area or abandonment of the Lot.
4.7 Subordination to Mortgages. The lien for assessments is subordinate to the lien of any first mortgage of record, except to the extent state law grants the Association lien priority. A sale or transfer of a Lot shall not affect the assessment lien, except that the sale or transfer pursuant to foreclosure of a first mortgage shall extinguish the lien as to payments that became due prior to such sale or transfer, as provided by law.
Architectural control
5.1 Approval Required. No building, fence, wall, exterior addition, alteration, or other improvement shall be commenced, erected, or maintained on any Lot until the plans and specifications showing the nature, kind, shape, height, materials, color, and location have been submitted to and approved in writing by the Board or an Architectural Review Committee appointed by the Board.
5.2 Standards and Procedure. The Committee may adopt and publish architectural guidelines. The Committee shall approve or disapprove a complete submission within [Number of] days of receipt; failure to act within that period shall be deemed approval, except where prohibited by law or the governing documents.
Maintenance
6.1 Association Responsibility. The Association shall maintain, repair, and replace the Common Area and any other property it is obligated to maintain under this Declaration.
6.2 Owner Responsibility. Each Owner shall maintain their Lot and all improvements on it in good condition and repair. If an Owner fails to do so, the Association may, after reasonable notice, perform the maintenance and charge the cost to the Owner as an assessment, to the extent permitted by law.
Use restrictions
The Property is subject to the following restrictions, which the Board may supplement with reasonable rules and regulations:
- Residential use. Lots shall be used for residential purposes only, except as otherwise permitted by law and the governing documents.
- Nuisances. No noxious or offensive activity shall be carried on, nor anything done that may be or become an annoyance or nuisance to other Owners.
- Animals. No animals shall be kept other than a reasonable number of common household pets, subject to the Association's rules.
- Vehicles and parking. Parking and the storage of vehicles, trailers, boats, and recreational vehicles shall comply with the Association's rules.
- Signs. No sign shall be displayed except as permitted by the governing documents, the Association's rules, and applicable law.
- Leasing. Leasing of Lots shall be subject to any restrictions set forth in the governing documents and the Association's rules.
- Antennas. The installation of antennas and satellite dishes is subject to the Association's rules, to the extent consistent with applicable law (including the FCC's OTARD rule).
- Trash and landscaping. Each Lot shall be kept free of trash and debris, and landscaping shall be maintained in accordance with community standards.
Insurance
8.1 Association Insurance. The Association shall obtain and maintain property insurance on the Common Area and improvements it maintains, commercial general liability insurance, and such other coverage as the Board deems appropriate or as required by the governing documents and applicable law.
8.2 Owner Insurance. Each Owner is responsible for obtaining insurance covering their own Lot, improvements, and personal property, except to the extent such coverage is provided by the Association.
Mortgagee protection
The holder of a first mortgage on any Lot is entitled, upon written request, to written notification from the Association of any default by the mortgagor in the performance of the mortgagor's obligations under the governing documents that is not cured within [Number of] days. No amendment of this Declaration that materially affects the rights of first mortgagees shall be effective without the consent of the required percentage of such mortgagees, as provided in the governing documents and applicable law.
General provisions
10.1 Enforcement. The Association or any Owner may enforce the covenants, conditions, and restrictions of this Declaration by any proceeding at law or in equity. Failure to enforce any provision shall not be deemed a waiver of the right to do so thereafter. The prevailing party may be entitled to recover reasonable attorneys' fees and costs, as permitted by law.
10.2 Severability. Invalidation of any provision of this Declaration by judgment or court order shall not affect the remaining provisions, which shall remain in full force and effect.
10.3 Amendment. This Declaration may be amended by an instrument signed by Owners holding not less than [Required Vote] of the votes in the Association, and recorded in the public records of [County], [State], subject to any additional requirements of applicable law.
10.4 Duration. The covenants and restrictions of this Declaration shall run with and bind the land for a term of [Number of] years from the date this Declaration is recorded, after which they shall automatically renew for successive periods of [Number of] years, unless terminated as provided by law.
10.5 Notices. Any notice required to be sent under this Declaration shall be deemed properly given when delivered or mailed to the last known address of the intended recipient.
IN WITNESS WHEREOF, the undersigned Declarant has executed this Declaration this [Day] day of [Month], [Year].
By:
[Name of Declarant], Declarant