This question deals with something that I have been asked quite a few times. It came up while I was helping a first-time home buyer client of mine look for a house.

What are "CC&R's"?

CC&R's stands for Covenants, Conditions, and Restrictions. As you can probably tell, they are really three different things that are usually handled in the same document.

A covenant is a promise to do or not do certain things. For example a covenant may include that you will make certain repairs or that a property be used only for a specific purpose. The penalty for violation of a covenant is usually a monetary fine of some sort.

A condition is much the same as a covenant, in that it too is a promise to do or not do a certain thing, but difference is that the penalty for breaking a condition is the return of the property to the grantor.

A restriction is a limitation placed on the use of a property and may be placed by a private owner, developer, or government. It is usually placed on property to assure that land use is consistent and uniform within a certain area.

If a property has CC&R's is it a bad thing?

In general no, it is not a bad thing. Although some can be quite restrictive, most are there to ensure that none of the other homeowners near your particular property can so significantly alter the use of the property that it would affect the value of other properties nearby. In other words they are designed to keep your neighbors, and you, from doing anything that would negatively impact others. A good example of this is the guy who wants to run an auto shop from his home. No one wants that next door. If you have a restriction that stops him from doing it, you have another legal means to make him stop, even if there is no law against it.

Are you a first time home buyer? Do you want someone to educate you in your decision to purchase a home? Or do you just have a question? Drop me a line by visiting my website or calling me. http://www.norcalhomefinder.com/  800-959-2549

 
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3 Comments on What Are CC&R's Anyway?

SEP
04
2007
AUG
17
2008

Are CC&R's required to be submitted with the prelim report as a disclosure?

Katrina Giacalone
3:47pm • #2

Katrina,

In answer to your question, Yes in general they would need to give you a copy at the same time they deliver the prelim.

Nick

8:32pm • #3

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Nick Hoddinott

West Sacramento, CA

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Hoddinott Real Estate Consulting

Address: P. O. Box 395, west Sacramento, CA, 95691

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