This post was contributed by a community member. The views expressed here are the author's own.

Health & Fitness

Condo Living - Know the Rules

CC&Rs are legally binding rules and regulations that each homeowner agrees to when he or she purchases a condominium within an association.

Living in a common-interest community requires residents to adhere to certain covenants, conditions and restrictions (CC&Rs) in addition to other rules and regulations a board of directors may establish.

CC&Rs play a crucial role in keeping a community operating smoothly. CC&Rs are legally binding rules and regulations that each homeowner agrees to when he or she purchases a condominium within an association. If you own a condo, you most likely signed a legal document at your closing that you agreed and accepted your condo’s CC&Rs. The question is; have you ever read the CC&Rs that you agreed to? If you are thinking of purchasing a condo, ask to review the CC&Rs before you buy.

CC&Rs include stipulations on assessments, building design and additions, and how the association is governed. All residents should familiarize themselves with their communities CC&Rs so they do not unintentionally violate them. It is incumbent upon the resident to review the CC&Rs. The “Nobody told me!” excuse does not apply for those who violate the CC&Rs as it is one’s responsibility to read the CC&Rs to understand what one can or cannot do within the community that they live.

Find out what's happening in Midtownwith free, real-time updates from Patch.

Boards and/or managers should enforce the CC&Rs in a fair and consistent manner. Members of a board should not receive any special treatment from rules and regulations. If anything they should be the ones who set the example for a community. 

When a violation of the CC&Rs is known, the homeowner should be notified immediately and provided a period of time to correct the violation. Violators can be fined and – in extreme cases – sued for violating the CC&Rs of a community.

Find out what's happening in Midtownwith free, real-time updates from Patch.

Homeowners should take time to read and understand their community’s CC&Rs. One should also understand the procedures outlined for changing or amending them when they are no longer relevant or applicable to the community. A rule established 20 years ago may be irrelevant today – use the outlined procedure to change or remove the rule or regulation.

While they may seem arbitrary, the CC&Rs are legally enforceable. They also help ensure a community as a whole can thrive and that members are treated fairly and equally. So don’t be left in the dark—check out your community’s CC&Rs today!

Midtown resident Tim Huffman is a licensed Community Association Manager and holds the designations of CMCA®, AMS® and PCAM® from Community Associations Institute.

We’ve removed the ability to reply as we work to make improvements. Learn more here

The views expressed in this post are the author's own. Want to post on Patch?

More from Midtown