Tuesday, November 07, 2006
Covenants Codes and Restrictions
Anyone who lives in a neighborhood with a homeowners association, architectural committee, or any local governing board has run into some form of resistance when it comes to change. Change, be it good, bad, or indifferent is difficult when a consensus is required.
What are CC&Rs? The covenants, conditions and restrictions (CC&Rs) are the governing documents that dictate how the homeowners association operates and what rules the owners -- and their tenants and guests -- must obey. These legal documents might also be called the bylaws, the master deed, the houses rules or another name. These documents and rules are legally enforceable by the homeowners association, unless a specific provision conflicts with federal, state or local laws.
I pulled that definition off of Realtor.com. It seemed to be the most comprehensive (and shortest) definition I could find.
I look at CC&Rs as a double edged sword. They are established to maintain a certain level of integrity and uniformity to the neighborhood or condo. However, they also restrict one of the fundamentals that makes us all proud to be Americans, FREEDOM.
I have sold homes to clients that expressed to me that they would absolutely not live in a neighborhood with and HOA, and I have sold homes to people that liked the idea of an association looking out for the neighborhood. As an agent, I find myself riding the fence in this debate. It's really easy to do a Comparative Market Analysis in a neighborhood that has conformed to the original design and maintained the sameness for all of the houses. I find myself scrathing my head sometimes in an area that has gone unchecked, and there are very few similar homes from which to draw any comparisons.
That's what makes this job unique. If every home were the same we all would be doing something else for a living.