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CCR provision basics

On Behalf of | Dec 31, 2019 | Homeowner Association & Condo Law |

Many people in Florida live in communities in which a homeowners’ association has been established. These communities commonly involve townhomes or condominiums but may also involve single family homes. Many residents appreciate having an HOA to establish and enforce basic guidelines that maintain a designated level of environment. Many also believe HOA’s contribute to retention of strong home value regardless of the general market trends. 

Redfin, a real estate brokerage firm, explains that one type of guideline a homeowners’ association generally has is actually a group of guidelines called the Covenants, Conditions & Restrictions. The CC&Rs may be created and put in place by the development company that established the community. They are legally binding and require any new member of the community to be informed of them, often as part of the purchase and sale process. 

According to Bankrate, residents who do not abide by the CC&Rs may receive violation notices. These notices may even carry financial penalties with them depending on the circumstances. CC&Rs commonly address issues of consistency and maintenance to ensure that all residents keep their homes in good appearance so as not to detract from the aesthetic of other neighboring homes. An example of this type of guideline is that which sets forth a certain color scheme for the exterior paint of a structure. CC&Rs also address lifestyle concerns such as noise restrictions and pet-friendly areas. 

Unpaid fines for any HOA guideline violation may lead the association to impose a lien on the property. For this reason, recipients of any warning notice or violation should respond to the matter promptly.