Covenants, Conditions, & Restrictions?

Covenants, Conditions, and Restrictions

Plain and simple covenants, conditions, and restrictions (CC&Rs) are rules that govern a property. Typically CC&Rs for planned communities, such as Anthem, are restrictions on types of landscaping allowed, the color of paint houses can be, and what types of construction are allowed on the property. The CC&Rs are recorded with the property and will apply to whoever owns the property. When you go to buy a home it’s important to thoroughly read the CC&Rs. Also, if you are working with an experienced Real Estate agent they can answer any of your specific questions or concerns.

It is common that CC&Rs have a home owner’s association (HOA) that oversees the enforcement of the CC&Rs for a community. However, even if a community doesn’t have a HOA that doesn’t mean that the property does not have deed restrictions.

Deed Restrictions

Different name, but ultimately deed restrictions are the same thing as CC&Rs.  Deed restrictions are rules that govern the property, they are passed from owner to owner, and are recorded with property. Why two names for the same thing? CC&Rs are very detailed and available to the public. Deed restrictions are only found during a title search when you look at what is recorded with the deed.

Story Time

We once had a client who was looking for a retirement home with space for their three horses. After a few beautiful drives up to Prescott we found the perfect home for them that checked all of their boxes: nice view, updated model, and was a horse property. Our offer was accepted and we moved quickly into our inspection period.

The house was flawless and everything was going great. When we reviewed the title report there were deed restrictions that specifically barred the property from having livestock of any kind. Fortunately since this was found during our title commitment review period we were able to cancel.

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