Covenants, Conditions and Restrictions

Right click to download the C C & R's in .PDF format

Right click to download the By-Laws in .PDF format               Right click to download the Rules in .PDF format

You should have received a copy of CC&R's and By-laws when you purchased your home.  But this copy is easier to use because it is a searchable document. Right click to download a .PDF copy of the CC&R's HERE. For the By-laws right click HERE. For the Rules click HERE  Then open using the Adobe Reader, available for free.  Once the document is saved to your computer, use the Adobe Reader to open the file.  It is searchable using either the "Find" command or the "Advanced Search" function under the pull-down menu labeled Edit. 

What are CC&Rs? The covenants, conditions and restrictions (CC&Rs) are the governing documents that dictate how the homeowners association operates and what rules the owners -- and their tenants and guests -- must obey. These documents and rules are legally enforceable by the homeowners association, unless a specific provision conflicts with federal, state or local laws. Purpose of CC&Rs. Unlike bylaws, which address the governance of an association, a Declaration of Covenants, Conditions & Restrictions ("Declaration" or "CC&Rs") describes the rights and obligations of the membership to the association and the association to the membership. CC&Rs generally cover the following: (i) restrictions on the use of property, (ii) member and association maintenance duties, (iii) enforcement powers, (iv) lender protection provisions, (v) assessments obligations and lien/collection rights, (vi) duty to insure, and (vii) dispute resolution and attorneys' fees provisions.

Have you ever wondered what the abbreviation CC&R stands for?  For those of you who do not know, it is a real estate acronym for Covenants, Conditions and Restrictions.  CC&Rs are often regarded as classic legal boilerplate, variously regulating the usages and aesthetics of a neighborhood.   CC&Rs are created and equitably enforced to help communities like River Ridge Fairways continue to support the investment you have in your home and property is protected.  As such, CC&Rs require universal compliance among all home owners and residents. 

What is the difference between association bylaws, CC&Rs and Rules in HOAs?

The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a home in a planned community, for example, you automatically become a member of the HOA.

They govern what you can, cannot, or must do with respect to your home. For example, the CC&Rs may require you to keep your garage door closed or prohibit certain types of landscaping. It is also typical for the CC&Rs to regulate things such as:

• basketball hoops
• clotheslines
• fences
• TV antennas/satellite dishes, and garbage cans

The By-laws govern how the HOA operates and contain the information needed to run the HOA as a business. For example, the bylaws cover matters such as:

• how often the HOA holds meetings
• how the meetings are conducted
• the duties of the various offices of the board of directors
• how many people are on the board, and
• membership voting rights.

The Rules are distinct from the Covenants, Conditions, and Restrictions (CC&Rs) of an HOA. The Davis-Stirling Act contains a number of sections regarding the Operating Rules of common interest development associations. If the board has the authority to adopt rules - authority typically found in the CC&Rs - it can create new rules as needed. Civil Code §4340 defines "operating rules" and "rule changes":

Operating Rule: a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association.

Rule Change: the adoption, amendment, or repeal of an operating rule by the board.

The authority to create rules is not limitless. California law (in Civil Code §4350) also defines what makes a rule "valid and enforceable." Generally, the rule must be in writing, it can't contradict the governing documents or the law, it must be adopted legally, and it must be reasonable.