When buying a home, there are so many aspects to consider. Location, price, number of bedrooms and a variety of other factors go into making the decision to buy a home. Sometimes, it can feel like there are so many factors, it can be hard to prioritize which are most important. One aspect of home buying that some might overlook is CC&R's and their impact on a person's home ownership.
CC&R, also known as covenants, conditions & restrictions, are a governing body of agreements that often are incorporated with home subdivision home buyers. They are essentially a governing contract, often between homeowners of a certain area, where they agree to abide by the rules of the subdivision.
Not all neighborhoods incorporate CC&R's, or something like them, but for those that do, buyers must understand that their new home will have certain requirements and restrictions. But, how does one know if a home is subject to a CC&R?
A great way to check is if a home is located in a neighborhood that is part of an association. If residential real estate is subject to association dues, that is a great indication of a CC&R that could be imposed on a home. If one does not like any restrictions on them and their home (other than the law, of course), a home division subject to a CC&R may not be the right fit. But, keep in mind that CC&R's can help maintain the appearance and value of neighborhoods.
However, every CC&R is different, as are the requirements and expectations imposed on homeowners. It is possible that a CC&R could become a point of contention. For those who find themselves in a CC&R dispute, or possibly with their neighbor, it is good to go back to this contract and see the dispute resolution terms. There could be specific instructions that dictate how a resolution can be sought.
Source: RealEstate.FindLaw.com, "CC&R Basics," accessed on Nov. 27, 2017