Frequently asked questions about Condominium Associations’ CC & R’s
Frequent questions about Condominium Associations (CC& R’s)
First and foremost, what is a CC& R? The definition is: Covenants, Conditions and Restrictions. These bylaws limit the usage and add limitation on a real property being sold, by the homeowner’s association. These laws basically dictate how the Association Operates and what Rule the owners, tenants and guest must follow.
How are the CC & R’s enforced? This is very different from state to state. Here in California the Law allows that either the association or an owner in common interest development may file a lawsuit and ask the court to enforce the CC & R’s rules. If you are member of a California Condominium Board, I would strongly encourage you to get an Attorney or Law Firm that specializes in Condominium Litigation. The law is very specific what thresholds need to be met for both the association and the members. Hence if you are contemplating on enforcing or defending yourself it is critical that you follow the rules or you will be very disappointed.
Do I need an attorney to explain the CC & R’s to me? Even though most of the CC & R’s are boiler plate forms. It is always wise to seek the advice of legal counsel for any questions regarding the governing documents or rules of the association. I am confident $500 or so is well worth spending on a property that you might buy for $500k-$1million or more. I would if I had questions and there is not enough money to provide peace of mind.
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