CC & R’s – Conditions, Covenants and Restrictions
|What are CC&Rs? In California, we find wide spread use of so-called master planned communities, which are governed by written documents called “covenants, conditions and restrictions” (“CC&R’s”). These are the governing documents that dictate how a homeowners or other ownership association operates and what rules the owners -- and their tenants and guests -- must obey. These legal documents might also be called the bylaws, the master deed, or another name. These documents and rules are generally legally enforceable by the homeowners’ association, and the individual property owners unless a specific provision conflicts with federal, state or local laws.
CC&Rs are usually written by lawyers hired by the property developer, and then recorded against the property by the developer to control the nature and character of a property development for the benefit of current and future owners. For example, a covenant or condition may require a property owner to maintain the property according to aesthetic guidelines, such as how high you can build fences or what colors you can paint your house.
Disagreements often arise from items within a covenant, condition or restriction, usually due to poor drafting by the developer’s lawyer, who is out to protect the developer, not the future property owners.
Winsten Law Group has had extensive experience in successfully counseling and representing property owners in connection with CC&R disputes. Many CC&Rs contain alternative dispute resolution provisions requiring disputes to be mediated or arbitrated, instead of being litigated in the courts. Winsten Law Group has successfully mediated, arbitrated and litigated numerous CC&R disputes.
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