Real Estate · General

What is a 'covenant, condition, and restriction' (CC&R) and how does it affect a property buyer?

Correct answer

Private restrictions on the use of a property contained in the deed or HOA documents — CC&Rs run with the land, binding all future owners; they may restrict uses (no commercial activity), require architectural review, or mandate HOA membership

  1. A A standard mortgage requirement
  2. B Private restrictions on the use of a property contained in the deed or HOA documents — CC&Rs run with the land, binding all future owners; they may restrict uses (no commercial activity), require architectural review, or mandate HOA membership
  3. C A government zoning code
  4. D A contractor warranty

Why this is the answer

CC&Rs (Covenants, Conditions, and Restrictions) are private land-use restrictions that: RUN WITH THE LAND — bind all subsequent owners, not just the current owner; are typically found in HOA planned communities, subdivision plats, or deed restrictions; may include: USE RESTRICTIONS (no commercial use, no short-term rentals, no RV parking); ARCHITECTURAL CONTROLS (must get HOA approval for exterior modifications); MAINTENANCE REQUIREMENTS (must maintain landscaping); HOA MEMBERSHIP (automatic membership and dues obligations). BUYER IMPLICATIONS: CC&Rs can significantly limit what the buyer can do with the property — must review before closing; CC&R violations can result in HOA fines or court-ordered compliance. Agents must provide CC&R documents to buyers as part of disclosure obligations in most states. Violations of HOA CC&Rs discovered after purchase can create unexpected costs and conflicts.
Source: Real Estate State Exam, CC&Rs

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