The HOA CC&Rs serve as the foundation of every community association. They establish the rules, restrictions, and obligations that homeowners and the association itself must follow. Without them, communities would have a much harder time resolving disputes, collecting dues, and enforcing rules.
What are CC&Rs?
To understand the CC&R meaning, it helps to know what the acronym stands for. CC&R stands for Covenants, Conditions, and Restrictions. These are legally binding rules recorded against a property that govern how a planned community or condominium operates.
When a person purchases a home in an HOA or condominium, they automatically agree to follow the community’s CC&Rs. These rules remain attached to the property, which means they also apply to future owners.
Generally, HOA CC&Rs cover property use, maintenance responsibilities, architectural standards, dues, insurance requirements, and many other aspects of community living. While every association has different governing documents, most CC&Rs contain similar provisions.
HOA CC&Rs vs HOA Bylaws
Many homeowners confuse CC&Rs with bylaws, but they are not the same thing. Although both are part of the governing documents, they serve different purposes.
The HOA CC&Rs focus on the rights and obligations of the association and owners. They establish property restrictions, maintenance duties, dues obligations, and use limitations.
On the other hand, the bylaws govern how the association operates. They explain how directors are elected, how meetings are conducted, how voting works, and the responsibilities of board members.
For condo CCRs, the distinction works the same way. The condominium declaration, or CC&Rs, establishes the legal rights and restrictions, while the bylaws govern how the association must operate.
Common Provisions in the HOA CC&Rs
Although every community is different, most HOA CC&Rs contain many of the same provisions. These include the following:
1. Property Use Restrictions
One of the primary purposes of the CC&Rs is to regulate how owners can use their property. These restrictions help maintain a consistent appearance and preserve property values.
Many associations prohibit or regulate home-based businesses, short-term rentals, exterior storage, and holiday decorations. Some communities also restrict all types of commercial activities within the neighborhood.
2. Architectural Guidelines
Most communities require owners to obtain approval before making exterior modifications. Architectural guidelines often regulate paint colors, roofing materials, landscaping, fencing, patios, decks, additions, and other visible improvements.
Additionally, many associations establish an Architectural Review Committee to review these requests. The role of this committee is to ensure all requests and changes comply with the governing documents.
3. Maintenance Rules and Obligations
The HOA CC&Rs also explain maintenance responsibilities. In a single-family HOA, homeowners are generally responsible for maintaining their own homes and lots. Meanwhile, the association usually maintains the common areas.
For condominiums, responsibilities are often divided differently. Unit owners maintain the interiors of their units, while the association maintains the common elements. In many cases, the COA also maintains portions of the building exterior.
4. Rule Enforcement and Dispute Resolution
The governing documents also explain how the association enforces its rules. Generally, the HOA CC&Rs grant the board authority to issue violation notices, conduct disciplinary hearings, and levy fines, among other powers. Having a standard enforcement process helps ensure owners are treated fairly and consistently.
Many declarations also outline the requirements and procedures for resolving disputes between owners and the association. Some even require alternative dispute resolution (ADR) before pursuing litigation.
5. Insurance Obligations
Typically, the association must obtain an insurance policy for the common areas and shared property. Homeowners, on the other hand, are usually responsible for insuring their homes, personal belongings, and liability exposure.
Condominium associations often carry master insurance policies, while unit owners purchase individual condo insurance policies for their units and personal property. The CC&Rs must distinguish between the two to ensure owners have sufficient coverage of their own.
6. Dues and Assessment Obligations
Running a community requires money, and the HOA CC&Rs explain how the association collects it. The governing documents usually require owners to pay regular dues and special assessments (if necessary). These dues fund the community’s day-to-day expenses.
7. Pet Policies
Most communities enforce rules concerning pets. These provisions typically limit the number of pets, prohibit certain animals, establish leash requirements, require owners to clean up after their pets, or restrict pets from common recreational facilities.
8. Parking Rules
Parking is another common topic one may find in the CC&Rs. Communities usually regulate overnight parking, guest parking, recreational vehicles, trailers, commercial vehicles, and abandoned vehicles. Some associations also require residents to display parking permits or register their vehicles.
9. Noise Restrictions
Living in a community means sharing space with neighbors. For this reason, most HOA CC&Rs include noise restrictions, including quiet hours, loud music, parties, barking dogs, and construction work.
Amending CC&Rs in Illinois
The CC&Rs are legally binding, but that doesn’t mean they can’t be changed. Associations do have the power to amend the CC&Rs, provided they follow certain requirements and procedures.
In Illinois, the Condominium Property Act governs the amendment of condo CCRs. Under 765 ILCS 605/27, condo associations may amend the declaration by a two-thirds membership vote unless the declaration itself requires a different percentage.
On the other hand, the Illinois Common Interest Community Association Act is silent regarding the voting requirement for amendments. Instead, HOAs must turn to their governing documents, including the CC&Rs, to understand what is required.
After an amendment is passed, the association board must typically record it with the county recorder. This makes it legally binding and effective.
How do I Find CC&Rs for My Property?
Owners usually receive a copy of the governing documents, including the CC&Rs, upon purchasing their home or unit. Of course, they may have misplaced or lost these documents, but there are other ways to obtain them.
- County Recorder’s Office. Associations must typically file their governing documents, including amendments, with the county recorder. Owners can secure a copy by making a direct request.
- Board or Management Company. Owners may contact the board or management company to request a new copy of the CC&Rs. The process may involve writing a formal request and paying a fee.
- Owner Portal. Some communities maintain a website where owners can access a copy of the governing documents and other records.
An Important Document
The HOA CC&Rs play a crucial role in an association’s operations, management, and authority. They establish the rules, responsibilities, and rights of both the owners and the association itself. Understanding this document allows everyone to stay compliant and avoid penalties.
First Community Management provides expert HOA, condo, and co-op management services to communities in Chicago. Call us today at (312) 829 8900 or contact us online to learn more!
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