Covenants, Conditions and Restrictions for Condos and Planned Communities

CC&Rs are integral to the effective functioning of condominium and homeowner associations in that they create complicated property rights and contractual obligations that impact the efficacy of the community association. Further, CC&R provisions may affect sales activity within the community or owners’ abilities to finance the purchase of the homes within the association.

Counsel must precisely draft or amend CC&Rs to minimize the likelihood of owner disputes and operational problems. Using boilerplate language is risky given the unique characteristics of each property, the different legal constructs of each community’s structure, and the specific needs and demands of the developer or contractor.

Key enforcement issues that face condominium and homeowner associations include, among others: clarity of property rights and obligations; sufficient enforcement tools: voting rights: aesthetic control over construction: landscaping or other improvements: protection of view restrictions: encroachments: and rental rights and limitations. Counsel must understand the association’s goals and objectives and advocate for the association when negotiating these clauses with developers or other stakeholders.

Listen as our authoritative panel provides practitioners with a clear understanding of how to draft effective CC&Rs, how to avoid common drafting pitfalls, and how to approach key CC&R enforcement issues to minimize the potential for disputes.

1. Drafting effective CC&Rs
2. Common pitfalls with CC&Rs
3. Amending existing CC&Rs
4. Enforcing and litigating CC&Rs

The panel will review these and other key issues:

• What are some common, and potentially costly, drafting errors that attorney make when drafting CC&Rs?
• What are the best practices for analyzing, interpreting and amending CC&Rs?
• What are the key reasons associations amend their governing documents?
• What are some of the key CC&R enforcement issues facing condominiums and HOAs?