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What is in the Declaration of Covenants, Conditions and Restrictions (sometimes called the Declaration or the CC&Rs)?

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.
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