CC&Rs

Covenants, Conditions, and Restrictions — the primary governing document recorded against the property that establishes the rights and obligations of homeowners within a common interest development. The CC&Rs are drafted by the original developer and recorded with the county recorder's office, giving them the force of law as equitable servitudes that run with the land. This means they bind not only the original buyers but all subsequent owners, regardless of whether they read or agreed to the provisions. CC&Rs typically define the boundaries of individual lots and common areas, establish architectural and design standards, set use restrictions (such as rental limitations, pet policies, and noise rules), allocate maintenance responsibilities between owners and the association, outline the obligation to pay assessments, and describe enforcement mechanisms including fines and legal remedies. In California, the Davis-Stirling Act (Civil Code Section 4200 et seq.) sets requirements for how CC&Rs must be formatted, recorded, and amended. Amending CC&Rs generally requires a supermajority vote of the membership — often 67% of the total voting power — though the specific threshold is stated in the declaration itself. Because CC&Rs sit at the top of the governing documents hierarchy (below only state and federal law), any conflicting provision in the bylaws, rules, or board resolutions is superseded by the CC&Rs. Board members should treat the CC&Rs as the foundational document guiding all policy and enforcement decisions.