When you buy a condominium, a row home, a townhome, or even a single-family home in a development, you will likely come across a document that begins with the words “Declaration of,” followed by some combination of the words “grants,” “easements,” “covenants,” “restrictions,” and/or “party wall agreement.” This document can go by different names, including “Covenants, Conditions, and Restrictions.” This is often shortened to “CC&Rs.” You will often find Colorado real estate subject to such terms in common interest communities with a Homeowner Association ("HOA") but such terms can also be applicable in increasingly popular planned, small expense communities.
A buyer will need to read this document closely because it is non-negotiable and binding. It is non-negotiable because it “runs with the land,” meaning that when you buy real property, you agree to it. It is binding because, even if you don't read it or know what's in it, it is included in your property chain of title (i.e., the public property records) so you will be held liable for violating it. Further, CC&Rs are enforceable against property owners whether there is a HOA or not!
Locating the CC&Rs in the property records is just the start; they can be confusing to read, especially for first-time buyers. This blog series exists to break down what the CC&Rs include into manageable, easy-to-understand pieces:
- "Party Walls" and subsequent Agreements
- Restrictive Covenants: Paying Assessments
- Restrictive Covenants: Insurance Requirements
- Restrictive Covenants: Maintenance Obligations
- Restrictive Covenants: Building Restrictions
- Restrictive Covenants: Use Restrictions
- Remedies: Arbitration, Litigation and Liens
- Easements: Access for Use and Maintenance
The information contained on this blog is intended to be general information only and not legal advice. This blog topic is not intended to be fully comprehensive. For these reasons, we suggest you seek a licensed attorney to help you review your declaration documents. If you have any questions about the contents of this blog or if you need legal advice regarding your rights, obligations and duties under declaration documents, please contact the Beavers O'Connell Group at (720)538-0363 or contact the firm on BOG's Contact Us page.