Covenants, Conditions, Easements & Restrictions (CCE&Rs)
This is a legally binding document that is officially recorded and filed with your state.
Your CCE&Rs cover the rights and obligations of the homeowners’ association to its
members and vice-versa. CCE&Rs often cover legal issues, such as:
•
Property use restrictions
Property use restrictions• Clearly defined maintenance obligations for the HOA and individual members
Clearly defined maintenance obligations for the HOA and individual members• Mechanisms for rule enforcement and dispute resolution
Mechanisms for rule enforcement and dispute resolution• Lender protection provisions
Lender protection provisions• Assessment and insurance obligations
Assessment and insurance obligationsBecause this record is kept on file with the state, it can be difficult to amend and requires a vote by the membership to make any changes.
Our CCE&Rs can be found by clicking here.
We have had 2 amendments to our CCE&R’s. Click on the links below to read the amendments.
• Amendment #2 set in place a restriction on the number of homes that could be occupied by non-owner residents. This is identified as any home not primarily occupied by the owner on record.
Amendment #2 set in place a restriction on the number of homes that could be occupied by non-owner residents. This is identified as any home not primarily occupied by the owner on record.Bylaws
If CCE&Rs cover the “what” of the HOA, the Bylaws cover the “how.” Your community’s bylaws establish the structure of day-to-day governance of your homeowners’ association. This includes things like:
•Frequency of HOA board elections
Frequency of HOA board elections •Process for nominating and electing new board members
Process for nominating and electing new board members •Number of members that serve at one time
Number of members that serve at one time •Length of board member service terms
Length of board member service terms •Meeting frequency and quorum requirements
Meeting frequency and quorum requirements •Duties and responsibilities of board members
Duties and responsibilities of board membersLike CCE&Rs, Bylaws are difficult to change, as they too require a vote by the membership to amend.
Our Bylaws can be found by clicking here.
Rules & Regulations
Your community’s Rules & Regulations are a catch-all for the things that aren’t covered in the CCE&Rs or Bylaws. These are often the rules that might need revising over time due to changes in the community.
For example, an HOA might have a rule that states no children are allowed in the community pool before noon. This rule would not be a part of the community’s CCE&Rs because it might need to change seasonally, or as more children move into the community.
Rules & Regulations can be changed by an HOA board vote. Traditionally, the board will adopt a rule, then send a notice to the community members who will have 30 days to review it. After 30 days, the board will review the comments and concerns of members, considering the members’ feedback in the final decision.
Our community Rules & Regulations can be found by clicking here.
