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What do Covenants, Conditions, and Restrictions Mean for an Orlando HOA?

System - Friday, January 18, 2019

Have you checked out your HOA’s covenants, conditions, and restrictions lately?

These are also known as CC&Rs, and if you haven’t reviewed them, now is a great time to brush up on what you can and cannot do in your community. Usually, these rules are easy to accept, but you have to make sure you’re aware of what they are and when they change.

How CC&Rs Keep an Orlando Association on Track

CC&Rs play a crucial role in keeping the homeowner’s or condo association running smoothly. These are legally binding rules and regulations that each homeowner agrees to when a home or a unit in an association is purchased. When you buy a property in an HOA community, you’ll be provided with the CC&Rs before you decide to make an offer or close on your home sale. If you purchase a property in an HOA and you plan to rent the home out to tenants, it will be your responsibility to share the CC&Rs and the bylaws with those residents. They will be expected to follow all the same rules that owners follow, and you’ll have to enforce them with your residents.

CC&Rs and the Association Governance

These rules and regulations are designed to protect the property values in the community. Some of the requirements will be easy to understand and simple to follow. For example, you’ll be required to keep your lawn mowed or you won’t be allowed to put your trash bins out days before the trash is scheduled to be collected.

Other things are included in CC&Rs that are not quite as easy to follow, understand, or keep up with. For example, they will include stipulations on assessments, rules about building designs and additions, and clauses that speak to the governance of the association. Sometimes the expectations and responsibilities can be complex, and when you have tenants living in your HOA property, you need to make sure they understand everything they’re agreeing to. The CC&Rs should be an addendum to your lease.

Violating the CC&Rs or Other HOA Rules

HOA RulesAll residents need to understand these rules and regulations so they don’t violate them. As a homeowner in an HOA community, you can be fined for violating these rules. In some extreme cases, the association can sue an owner who refuses to comply with the HOA rules and regulations. When you have a tenant renting out your home in one of these communities, you will be responsible for any fines or penalties that are a result of your tenant’s violations.

Most Orlando HOAs keep their rules current. It’s an important role of the governing body to understand the procedure for changing or amending the rules when those rules are no longer applicable to the community and its owners. While some of these requirements might seem silly, they are legally enforceable and they ensure the association can thrive. Under any HOA CC&Rs, all members should be treated fairly and equally.

If you have any questions about the CC&Rs in your HOA or you’re thinking about buying a property in an HOA, please contact us at HomeRiver Group in Orlando. We’d be happy to tell you more.