Am I Subject to CCRs?

If pig farming is your life’s aspiration, you’ll want to ensure that the property you are about to purchase is not subject to restrictions that prohibit such use. Even on agricultural land, restrictions could apply.

Determining Conditions, Covenants, and Restrictions (CCRs)

There are a couple of ways to determine if the property you love is subject to Conditions, Covenants, and Restrictions (CCRs). Sellers are supposed to disclose if their property is subject to any type of use restrictions, and this should be included in the listing information. Most REALTORS® keep information about major developments handy. However, there are some areas and circumstances where a seller or their agent may not be aware that the property is subject to deed restrictions. This is especially true if only a few lots are affected and a formal association does not exist.

Checking the Title Report for CCRs

CCRs should be noted on the title report. This report, which can be requested in advance, will contain a document number associated with the recorded CCRs, allowing you to request a copy. CCRs are generally meant to protect property values, so it’s important to carefully examine the information to ensure nothing will interfere with your intended use.

Enforcement of CCRs

CCRs are normally enforced through the powers granted to a formal association. Most associations can collect fees, authorize repairs and maintenance, administer community facilities, and make decisions for the affected homeowners. Associations, including condo associations, usually have the authority to file liens and foreclose on properties whose owners do not pay required fees.

In cases where there is no formal association, enforcement of CCRs can be more complicated. For instance, in an 8-10 home subdivision like ours, where there is no formal association, enforcing restrictions would likely require hiring an attorney. If a neighbor violates a CCR, such as a provision against small yappy dogs, legal action may be necessary if they refuse to comply. While enforcement is less likely without an organized association, it can still happen.

Who Checks for CCRs?

Interestingly, neither the County Planning Department nor the Building Division typically check building plans against recorded CCRs, except in cases like vacation rental prohibitions. They are also not responsible for enforcement. Only you know your intended use, so it’s essential to ask about any potential restrictions.

To avoid unpleasant surprises, check your preliminary title report or contact the association. Most formal associations are happy to answer any questions you have, and they are always recruiting new volunteers!