GOVERNING DOCUMENTS

A homeowners association is incorporated by the developer prior to the initial sale of homes, and the Covenants, Conditions, and Restrictions (CC&Rs) are recorded when the property is subdivided. The CC&Rs run with the property as a contract; when a homeowner purchases a home governed by an HOA, signs the agreement (the contract), to the CCR’s. If the owner sells the land/ home, the owner ceases to be a member of the association and the “new owner” becomes a member. All members must pay assessments and abide by the restrictions of the association.

An HOA provides people with shared neighborhood values and the opportunity to enforce regulations. There are pre-existing rules in the form of CC&Rs and bylaws, that a buyer has a right and an obligation to view before entering into such a community agreement.