Common Interest Development (aka Homeowner Associations)
The term “governing documents” is used as a general reference to the entire group of legally recognized paperwork that creates and controls a condominium project or planned unit development. The governing documents typically include a subdivision map and/or condominium plat, a Declaration of Covenants, Conditions and Restrictions (or “CC&Rs”), Articles of Incorporation (if the project is incorporated), Bylaws, and Rules.
CC&Rs describe the rights and obligations of the homeowners’ association and of each owner. CC&Rs are recorded with the county recorder of the county where the property is located, and automatically bind anyone who becomes an owner of the property after the CC&Rs are recorded. CC&Rs vary widely in content and length, but usually cover some of the following topics:
- The boundaries of the common area and of each unit or lot;
- The legal description of the property;
- The allocation of association operating costs among the owners
- The mechanism for collecting owner payments;
- Allocation of owner voting rights;
- Any restrictions on alienation of units; and
- The rights and protection of mortgage lenders.