Understanding the Differences Between CC&Rs and Rules & Regulations in HOA Communities

Homeowners Associations (HOAs) govern communities through a set of documents that establish the rights and responsibilities of homeowners. Two of the most important governing documents are the Covenants, Conditions, and Restrictions (CC&Rs) and the Rules and Regulations. While they may seem similar, they serve distinct purposes and have different legal implications. Understanding these differences is essential for homeowners to navigate their community's governance effectively.

1. What Are CC&Rs?

CC&Rs (Covenants, Conditions, and Restrictions) are the foundational legal documents that establish the rules for the community. They are recorded with the county and legally bind all property owners in the association.

Key Features of CC&Rs:

• Recorded & Enforceable: Because CC&Rs are recorded with the county, they function as legally binding contracts.

• Restrict Property Use: They define how properties can be used, including architectural standards, maintenance obligations, and restrictions on modifications.

• Difficult to Amend: Amending CC&Rs are difficult to amend because it often requires approval of 51% - 75% of the membership, depending on what the CC&Rs say.

• Enforceable in Court: Violations of CC&Rs can result in legal action, including fines or forced compliance through court orders.

2. What Are Rules and Regulations?

Rules and Regulations are secondary guidelines that HOAs create to supplement and clarify the CC&Rs. They provide detailed expectations for homeowners on a more practical level.

Key Features of Rules & Regulations:

• Easier to Update: Unlike CC&Rs, Rules and Regulations can typically be modified by the HOA’s Board of Directors without a full vote of homeowners.

• Day-to-Day Governance: They address specific behaviors such as parking restrictions, pool usage, noise policies, and pet regulations.

• Must Align with CC&Rs: Rules and Regulations cannot contradict CC&Rs; they exist to provide further clarity and detail.

• Enforceable by Fines & Penalties: Violations typically result in warnings, fines, or suspension of privileges rather than immediate legal action.

3. How They Work Together

The CC&Rs establish the broad framework of what is allowed in the community, while the Rules and Regulations provide practical enforcement details. If a conflict arises, the CC&Rs take precedence over the Rules and Regulations.

For example:

• A CC&R may state that “fences must conform to community guidelines.”

• The Rules and Regulations may specify that “fences must be no taller than six feet and painted in approved neutral colors.”

4. Why Homeowners Should Care

Understanding the differences between CC&Rs and Rules and Regulations is important because:

• CC&Rs impact long-term property rights and are difficult to change.

• Rules and Regulations affect daily living and may evolve over time.

• Violations can lead to fines or legal disputes, so homeowners should be aware of their obligations.

Both CC&Rs and Rules and Regulations play a vital role in maintaining the quality and order of HOA communities. CC&Rs provide the legal backbone, while Rules and Regulations address everyday governance. Homeowners should familiarize themselves with both to ensure compliance and avoid unnecessary conflicts.

If you have questions about your HOA’s governing documents, consult your HOA board or a real estate attorney specializing in community associations.