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CC&Rs (Declaration of Covenants, Conditions, and Restrictions) review

Declaration of CC&Rs creating an owners association under state HOA statutes (e.g., Davis-Stirling Act).

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What it checks

Declaration of CC&Rs identification

CC&Rs should identify themselves as the recorded declaration of covenants, conditions, and restrictions.

Critical · RE-032

HOA / association formation

CC&Rs typically create an owners association and assign powers.

Critical · RE-033

Assessment and lien rights

CC&Rs must address assessments and lien rights against delinquent owners.

Critical · RE-034

Use restrictions / architectural standards

CC&Rs must specify use restrictions and any architectural-control standards.

Critical · RE-035

Amendment procedure (supermajority)

CC&Rs should specify amendment procedure (typically supermajority of owners).

Critical · RE-036

Term / duration of restrictions

CC&Rs should specify term (perpetual or set years) and automatic-extension mechanic.

Warning · RE-037

Race / discriminatory covenant flagged

Discriminatory covenants based on race, color, religion, sex, familial status, national origin, or disability are unenforceable (Shelley v. Kraemer; FHA 42 U.S.C. § 3604).

Critical · RE-038

Dispute resolution / enforcement

CC&Rs should specify dispute resolution / enforcement procedure.

Warning · RE-039

Every run also applies 119 general checks that belong to any agreement: structure, parties and signatures, defined terms, cross-references, dates, amounts, and one-sided terms.

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