Tag Archives: hoa documents

HOA Governing documents – Learn it, know it, live it

CC&Rs — The CC&Rs document is recorded (amendments also must be recorded), and therefore is also a public document. Associations often use unrecorded, unofficial copies, but official copies can be retrieved from the County Recorder.

CC&Rs (Covenants, Conditions and Restrictions) are a long contract automatically binding all owners, and the law holds each to have read, understood, and agreed to its contents… regardless of whether the owner actually did so.

CC&Rs cover how the property is used, maintained and repaired, and very much affects living in that association. There usually will be a section called “Use Restrictions,” listing a number of prohibited activities, although restrictions can also be located elsewhere in the document. Restrictions can range from pet limits to parking to rental restrictions. In multi-story condominium buildings, they may (and hopefully do) prohibit certain flooring surfaces. CC&Rs will also usually address what the HOA maintains and repairs and what is homeowner responsibility.

CC&Rs are amendable through a vote of the membership. However, the stated percentage of votes required for amendments is usually high, making amendment more difficult.

FYI: thinking of buying a condo with a VA loan?  The complex must be VA approved.

read more at: https://www.sandiegouniontribune.com/business/economy/sd-fi-hoa-0309-story.html

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