TimB4 (Tennessee)
Posts: 21,059
Posts: 21,059
Posted:
Thought this would be a good topic – explain what the difference is between the governing documents:
Deed Restrictions –
aka: The Declaration of Covenants Conditions and Restrictions
aka: The Covenants, CC&Rs, The Declaration
This document has the highest precedent and must be complied with unless it is in conflict with a State or Federal law.
By virtue of purchasing a property with deed restrictions on it, you are agreeing to comply with the deed restrictions.
This document does the following:
a) Establishes what you can and can not do with your property
b) It creates the Association
c) Obligates you to pay assessments
d) Specifies what services the Association will provide (if any)
e) Specifies the general purpose of the Association
f) Defines penalties for violating the restrictions
g) Specifies who may enforce the deed restrictions
h) Specifies how long the deed restrictions last (typically forever)
i) Specifies the procedure to amend the deed restrictions
References:
What Are Covenants, Conditions & Restrictions (CC&Rs) in HOAs? from Nolo
Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations from a management company
Covenants, Conditions & Restrictions From Find law
Controlling Property With CC&RS: Covenants, Conditions, and Restrictions from a financial website
Deed Restrictions –
aka: The Declaration of Covenants Conditions and Restrictions
aka: The Covenants, CC&Rs, The Declaration
This document has the highest precedent and must be complied with unless it is in conflict with a State or Federal law.
By virtue of purchasing a property with deed restrictions on it, you are agreeing to comply with the deed restrictions.
This document does the following:
a) Establishes what you can and can not do with your property
b) It creates the Association
c) Obligates you to pay assessments
d) Specifies what services the Association will provide (if any)
e) Specifies the general purpose of the Association
f) Defines penalties for violating the restrictions
g) Specifies who may enforce the deed restrictions
h) Specifies how long the deed restrictions last (typically forever)
i) Specifies the procedure to amend the deed restrictions
References:
What Are Covenants, Conditions & Restrictions (CC&Rs) in HOAs? from Nolo
Understanding the Differences Between CC&Rs, Bylaws and Rules & Regulations from a management company
Covenants, Conditions & Restrictions From Find law
Controlling Property With CC&RS: Covenants, Conditions, and Restrictions from a financial website