Is a Covenant or Other Restriction Placed on Your Property?

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A legal system that relies on the written word of law inevitably results in disputes about how words should be interpreted or how the resulting law should be enforced. Covenant, conditions and restrictions, commonly called CC&Rs, are the “words and rules” that govern the resolution of most disputes in common interest developments.

If you are dealing with a dispute that involves CC&Rs, you need an attorney who has strong listening, analytical and negotiating skills as well as trial experience. Interpreting, applying and enforcing a covenant, condition or restriction is one thing, justifying your actions with an attorney to a judge or jury is another.

Gregory M. Garrison, APC‘s history of results speaks for itself. Consultations are free. Choosing the wrong lawyer isn’t.

What are Covenant, Conditions and Restrictions?

Covenant, conditions and restrictions, are legally binding restrictions, drafted by a lawyer, filed with the local recorder’s office, that are built into the fabric of common interest developments, i.e. homeowners and condominiums associations. CC&Rs cover restrictions limiting what individual owners can do with their property to how communal common areas are to be used and/or maintained. They can take the form as an obligation to act, or an obligation not to act. As these restrictions limit various aspects of use, it is essential that they are written properly, updated, and enforced fairly if shared ownership is to work properly.

Be aware that “restrictions” on how an individual’s “real property” (a legal term for land) can be used and agreements to access and respect commonly owned areas have multiple names depending on how they were enacted, what purpose they serve and whether they were formally recorded or not. Confusing other forms of ownership with covenants, conditions and restrictions is common, so call us before taking action.

As development grows and changes there are changes that need to be put in place to deal with new issues that arise. A clean set of rules for the board and individual owners to review and follow creates less confusion and less room for argument: a wise step that should be done at least once a decade, if not sooner. Proactively using a lawyer will help boards avoid unnecessary litigation and assure community development and condominium members are happier in the long run. Staying on top of problems is always better than dealing with them as they arise. Avoiding unnecessary disagreement, arbitration and litigation is first on everyone’s mind. We can help. We have a reputation for no-nonsense resolutions. We believe in results. Call 619-798-9501 or complete our online form.