Good Golly, Miss Molly! If you live in a subdivision that has covenants and restrictions you may be severely minimal in what you can build even if the jurisdictions approve your plans and issue you a building permit. In this article, I will provide a quick overview of what CC&Rs are, why landowners get them, how long they last, and if need be, how to try to change one.
CC&Rs: What is it?
CC&R stands for Covenant, Contracts, and Restrictions. With a property, this refers to how tenants and future landowners, can use the property. They differ from zoning laws in how the property relates to the local governments. With zoning codes, planning departments decide how a property is used, but zoning for a property can change. Heck! Here at Permit Place, we specialize in Change of Use Permits (CUPs) in commercial real estate projects. But don’t let anyone mislead you into thinking CC&Rs are not legally binding because they are!
Why do Landowners Use CC&Rs?
As I mentioned in the “CC&R’s: What is It?” section, zoning for properties can change. This leaves landowners unprotected from having a project that could, possibly, depreciate their property’s value. CC&Rs help protect subdivisions, divisions, and properties from not only aesthetic attacks but also alterations and repairs that would deter future value.
Not only do CC&Rs tell you how you can use the property, but many areas have limitations on what you can build and do on your property. So, check with your local homeowner’s association or go to the county assessor’s office and get a copy of the covenants and restrictions recorded on your deed.
This will tell you what the limits are. It may be you must build a home of a certain size or can only use certain types of exterior finishes such as brick or cedar siding.
How Long Do They Last?
CC&R’s “lay with the land,” in other words, CCR&R’s stay with the property. Many homeowners and new landlords buy properties but do not fully read or understand a CC&R and later on, Authorities penalize you or even sued for violating the CC&R!
How Can I Change a CC&R?
The best way to learn the CC&R process and find ways to take on a CC&R is to get a real estate attorney. Be warned: generally, CC&Rs trump a new landowner.
Want to have the Permit Place team work for you? Call us at 818-786-8960 or get a specialized quote on our Contact Us page!