Declaration
Also known as: Declaration of Covenants, Master Deed
The primary legal document recorded with the county that creates the common interest development and establishes the rights and obligations of the association and its members. The declaration defines lot boundaries, common areas, easements, use restrictions, assessment obligations, and architectural standards. It is the highest-authority governing document after state and federal law.
State-Specific Notes
California: The declaration must comply with formatting and content requirements in Civil Code Section 4250 and is recorded with the county recorder to create the common interest development.
Related Terms
Frequently Asked Questions
Is the declaration the same as the CC&Rs?
Yes, in most cases. The declaration is the formal name for the document commonly called CC&Rs (Covenants, Conditions, and Restrictions). It is the primary legal document recorded against the property that creates the common interest development and establishes homeowner rights and obligations.