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CCRs and HOAs

Posted February 3, 2025 in Real Estate Trends

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Many people working with real estate become aware of CC&Rs. No, I’m not talking about rock band Credence Clearwater Revival, but Covenants, Conditions and Restrictions. CC&Rs are recorded by an owner that wants to control what happens on the property after they no longer own it. For example, a developer is subdividing acreage into several lots, and wants to make sure that nobody builds a weird house or a noisy home-based business that the developer thinks will devalue the rest of the lots.

An important detail about CC&Rs is that they are private, not public. In other words, you can’t call the police or Sheriff and say, “My neighbor is violating the neighborhood CC&Rs; send someone quick!” Instead, it’s up to each neighbor or, if there is one, the neighborhood Homeowner’s Association (HOA) to enforce their own CC&Rs. If someone is violating zoning laws by having a business where it shouldn’t be, or violating building codes or city/county laws, law enforcement will get involved but, if the neighbor leaves their garbage bin out all week instead of rolling it back to the garage, or parks a boat in the driveway, that might get the neighbors to start reading their CC&Rs.

Not all housing developments have HOAs. Even many subdivisions with CC&Rs don’t have HOAs. It’s always a matter of perspective on whether HOAs are a good or bad thing. I personally benefit from the good-hearted volunteerism of owners within my condominium community who volunteer to serve on our board. I credit them with the fact that, 30-years after they were built, the landscaping is maintained and no one parks on the grass or has painted their walls with an angry political message. If you value freedom over orderliness, on the other hand, HOAs and CC&Rs can make you bristle against conformity.

If you are sick and tired of your neighbor using their back yard as a motocross track or letting their yard become a fire hazard, check to see if CC&Rs provide you with a reason to ask the neighbor to correct a CC&R violation. If you are shopping for houses, and plan on using the property for a horse property or home-based business, check to make sure that an objecting neighbor won’t thwart your plans. As a title guy, my first instruction is “read the title report!” We list the recorded documents that affect the property, with a link to the actual document, and a wise buyer and their Realtor will review the title report to make sure there’s nothing unexpected listed.

It points out the importance of having trusted people in your network as you buy and sell real estate. We’re honored to be part of that trusted team for many of the best Realtors and lenders in Clark County. Everyone benefits from the care, knowledge and expertise we bring to your important transaction. We are grateful to play a leading role in support of local real estate.

From your friends at Clark County Title,
Scott