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Definition: Declaration of Covenants, Codes & Restrictions (CC&Rs)

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"The declaration of covenants, conditions, and restrictions (CC&Rs) are recorded with the register of deeds in the initial phase of development of a townhome or planned community," explains Michael S. Hunter, an attorney and partner at Horack Talley Pharr & Lowndes PA in Charlotte, N.C., who represents associations.

"The CC&Rs govern what an owner may, may not, or must do with respect to the real estate. In them, you'll typically find things like a description of the property covered by the CC&Rs, language establishing an HOA, a protocol for levying annual and special assessments for common expenses, and a description of the common areas and amenities."

The governance of the HOA corporation belong in the HOA bylaws, not the CC&Rs.

For more information, see the related articles below, or browse articles in the HOA Governing Documents topic.

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