What is CC&Rs?

CC&Rs sit near the top of an HOA’s document hierarchy, just under state and federal law, and they’re the document tied directly to the property deed. They spell out property-use restrictions for owners, but they also lay out the HOA’s own maintenance obligations, which makes them binding on the board just as much as on residents.

Why does CC&Rs matter?

Bylaws and day-to-day rules can’t contradict what the CC&Rs say, so any enforcement decision that isn’t grounded in them is on shaky ground. Residents who feel wrongly fined often win the argument simply by pointing back to obligations, like maintaining a common-area fence, that the CC&Rs already put on the board.

When You’ll Run Into This

Residents usually pull out the CC&Rs the moment they disagree with a decision, so it pays for a board to know them just as well. Our guide to a fair approach to HOA rules enforcement covers how to apply them consistently.