Understanding Association CC&R’s, Rules & Regulations, and Violations

The majority of homeowners are responsible, law-abiding citizens who voluntarily cherish and maintain their homes. All HOA Board members and other homeowners extend a heartfelt thank you and send a message of recognition and appreciation to those homeowners. Even if there are occasional compliance deviations, the majority of homeowners will immediately respond and handle the situation and/or violation. Thank you!

However, in all associations, there are those homeowners who do not consistently care for and or maintain their property to the standards set forth in the CC&Rs. Regardless of whether you are a periodic offender or not, all homeowners should be aware of the CC&R’s and the Rules and Regulations for their community.

CC&R’s

What does “CC&R” stand for?

With regards to homeowner and condo associations, “CC&R” stands for “covenants, conditions and restrictions.” Many homeowners do not realize that the CC&R’s are created by the builder of the community, not by the Board or the HOA management company. The Board is obligated, in the best interest of the entire community, to fairly, equitably, and consistently enforce the rules. The Board cannot modify or amend the CC&Rs without a rigorous legal process. However, it is uncommon for there to be a genuine need to amend CC&Rs. Homeowners are required, during the purchase process of their home, to sign off that they received and understood the CC&Rs. Prospective buyers have the right to preview the CCRs before purchase. All homeowners are strongly urged to be familiar with the CC&Rs and Rules and Regulations of the association.

Rules & Regulations

What’s the difference between CC&Rs and Rules & Regulations?

Unlike CC&R’s, the Rules & Regulations are adopted by the Board. They also may be modified by the Board. They are usually more specific than CC&Rs. They must be consistent with applicable Federal and State Laws, and with the Governing Documents. If your Board has adopted them, a copy of the Association’s Rules and Regulations is included in the package you received when you purchased your property.

Violations

How are violations reported?

A violation may be reported by a fellow association member, a Board Member, or the Management Company representative who routinely inspects the association. Due to privacy and confidentiality laws, neither the Board nor the management company can reveal to any homeowner what action was or was not taken on another homeowner. Remember that homeowners are responsible for the compliance of their guests and tenants as well.

It’s important that all homeowners take the time to read the CC&R’s and give a copy of these rules to their tenants. If everyone follows these rules the whole community will look beautiful and will help keep property values up!

By Lisa Pritchard, The Management Trust-Arizona

via:http://www.managementtrust.com/blog/bid/105236/Understanding-Association-CC-R-s-Rules-Regulations-and-Violations