Declaration of Covenants, Conditions and Restrictions
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Also known as:CC&Rs · Declaration of CC&Rs · covenants, conditions and restrictions · CCRs · declarations
Written by attorneys · grounded in primary & secondary sources — see below
A recorded instrument filed by the developer of a common-interest community that imposes uniform restrictive covenants and affirmative obligations on all lots within the development. Buyers acquire their lots subject to the recorded terms, which bind subsequent owners and establish the powers and duties of any homeowners association.
Sources & Authorities· 9 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Federal Rules
Uniform Acts
How it applies
Common Examples
6
Summary Judgment Motion Cites Declaration
David Dawson sues Dixon Foods after the company builds a loading dock that violates height limits stated in the recorded Declaration of Covenants, Conditions and Restrictions governing the industrial park. Dixon Foods moves for summary judgment and supports the motion by citing specific paragraphs of the declaration that permit the structure. The court reviews the cited provisions along with the recorded plat to determine whether any genuine dispute of material fact remains.
Later Will Revives Earlier Declaration Terms
Dominic Drake executes a new will that expressly revokes an earlier will containing a bequest of his lot subject to the Declaration of Covenants, Conditions and Restrictions. After Drake revokes the later will by physical act, his heirs discover the original will among his papers. The circumstances and Drake's statements at the time of revocation show he intended the earlier will and its reference to the declaration to remain effective.
Dolores Diaz installs a large satellite dish on her roof in violation of the aesthetic rules contained in the Declaration of Covenants, Conditions and Restrictions for her condominium project. The homeowners association sues to compel removal. The court applies the business-judgment rule to the association's decision to enforce the recorded restriction.
Lamden v. La Jolla Shores Clubdominium Homeowners Association980 P.2d 940, 950 (Cal. 1999)
Pet Restriction Upheld Under Declaration
Denise Donovan acquires a condominium unit subject to a Declaration of Covenants, Conditions and Restrictions that prohibits pets over twenty pounds. When Donovan brings home a forty-pound dog, the association demands removal. The court enforces the recorded restriction against Donovan because it was in the declaration when she purchased the unit.
Nahrstedt v. Lakeside Village Condominium Association, Inc.878 P.2d 1275, 1287 (Cal. 1994)
Mortgage Moratorium Conflicts With Declaration
During an economic emergency the state legislature enacts a moratorium on foreclosure of mortgages secured by lots in common-interest communities. Dover Bank holds a mortgage on a unit whose owner has defaulted on both the mortgage and the assessments required by the Declaration of Covenants, Conditions and Restrictions. The bank challenges the moratorium as impairing its contractual rights under the recorded declaration.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Racial Covenant Declared Unenforceable
A Declaration of Covenants, Conditions and Restrictions recorded in 1940 contains a provision barring sale of any lot to non-white buyers. When Dominic Drake attempts to sell his lot to a Black family, neighboring owners sue to enforce the restriction. The court refuses to enforce the covenant because judicial action would constitute state action violating the Fourteenth Amendment.
Shelley v. Kraemer334 U.S. 1 (1948)
Common questions
Frequently Asked
2
How does a Declaration of Covenants, Conditions and Restrictions bind later purchasers?+
The declaration is recorded in the public land records. Recording provides constructive notice to all subsequent buyers, who take title subject to the restrictions and obligations it contains.
Supporting sources
What obligations does the declaration typically impose on lot owners?+
It usually requires owners to join the homeowners association, pay assessments for common-area maintenance, and comply with use restrictions such as limits on building size, landscaping, and permitted activities.
Supporting sources
334 U.S. 1 (1948)Property
…its judicial as well as through its legislative, executive or administrative branch of government.” Further examples of such declarations in the opinions of this Court are not lacking.[^maj-14] One of the earliest applications of the prohibitions contained in the Fourteenth Amendment to action of state judicial officials…