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CC&Rs, also known as 'decs' - declarations -- are the covenants, conditions, regulations and restrictions for the use of the land as defined therein.
The CC&Rs also document the 'constitution' -- governing document -- under which the association and its board of directors operate the 'property'. The CC&Rs document its ability to collect -- and owners' responsibility to pay -- regular assessments to cover expenses of operation.
CC&Rs dictate the responsibilities of the board: all 'shall' phrases indicate tasks that the board must complete; all 'may' phrases indicate tasks that the board may choose to complete.
As well, there are articles in the CC&Rs that are particular to the developer, who retains special rights during the development period, known as the Declarant Control Period.
When you purchase property governed by the CC&Rs and other governing documents, you agree in writing with your signature to abide by them.
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Are Condo Decs the same as CCR?
All common interest communities, including condominiums, are private democracies that operate under a set of governing documents. These include Conditions, Covenants, Restrictions and Regulations -- CC&Rs -- a declaration of the guidelines for the community.Over time, CC&Rs have earned the nickname of decs.Other governing documents include Articles of Incorporation, By-Laws and so forth, depending on the community.
Does condo corp have legal basis for levying fines?
Yes. Read your governing documents to better understand the structure and power of the condominium association. Every condominium community is run according to CC&Rs and By-laws, and potentially other governing documents. The board has an obligation to fine owners who violate these community guidelines.
What percent of owners need to vote yes for a new homeowner association?
Your question sounds like there is a new set of governing documents, and a percentage of the owners involved in the association must vote to alter the governing documents. Usually, the percentage is a majority, such as 67% or more, which should be set forth in your original governing documents. The CC&Rs (covenants, conditions, restrictions and regulations) probably require a higher percentage of the membership to vote in favour, than do the By-laws.
Can a homeowner association in Florida stop the renting of owners units?
Yes, if there is a restriction on rentals. Read the most current version of your governing documents to determine the status of any rental cap that has been voted in as an amendment to your CC&Rs. As well, your board or association manager can provide you with the details in the governing documents that address unit rentals.
Rules for governing the operation of a condominium development are set by?
In most states, the developer commissions a set of governing documents that are made available to every buyer. Once the documents are in place, depending on the operational issue, a different set of owners' vote may be required to modify existing documents. Modifications to CC&Rs usually require a higher percentage of members' votes than do modifications to the By-Laws.
Felony can a Florida condo assoc evict you?
The governing documents spell out the violations for which tenants can be evicted. These sets of violations are unique to each condominium association. Usually, the association will only step in to evict if the tenant consistently violates the CC&Rs, By-Laws, house rules or other governing documents, and the owner has been ineffective in 'controlling' the tenant.
What are the difference between condo house rules and bylaws?
Condominium communities -- private democracies, really -- operate the business of the community by way of governing documents. Typically, the list includes:Covenants, Conditions, Restrictions and Regulations (CC&Rs)By-lawsBoard ResolutionsOther governing documents'Rules' are probably an extrapolation of the details contained in all the governing documents as a simple way to distill the most common guidelines. Examples include quiet hours, parking rules, animals and so forth.No rule can disagree with or conflict with any existing governing document; each must be traceable directly to a section(s) and paragraph(s) in the governing documents.(One can think of the CC&Rs as the community's constitution; its By-laws as amendments and Board Resolutions as refinements particular to the community. More member votes are required to modify the CC&Rs than to modify By-Laws, and Board Resolutions are constructs of individual boards.)
Can your Homeowners Association sent someone to repair something on your property and require that you pay for it?
Read your governing documents to determine the limits of your ownership. If the association repairs something in the common area of your property, that is their responsibility and generally, these repairs are paid from the association's operating account. If the repairs were made to part of your property noted as 'limited common area', they may also be required to repair it and pay for it, or you may be: your governing documents are specific about maintenance of limited common areas. Again, who pays for repairs -- depending on their location -- is detailed in your governing documents. If your governing documents are silent on all these points, you may take the bills to a common interest community-savvy attorney to prove that you do not owe the repair expense. Your governing documents include the CC&Rs, the By-laws, and any amendments or resolutions passed by the board or owners.
What are the dimensions to the Regalia Condo Tower?
The governing documents will give you the land dimensions, and individual unit dimensions. You can find a copy in your local hall of records -- the land use division -- in the association's CC&Rs.
Does a condo developer need to follow ccrs before any sales or does this only apply to new purchase owners?
Your CC&Rs -- and other elements of your governing documents -- are usually contained in a document called a Public Offering Statement.In the POS, the developer's rights, responsibilities and restrictions are carefully noted, since the developer paid the attorney to write the POS and its (governing document) contents.Every resident of a condominium community is required to abide by its governing documents, even a developer.
Can you be the president of the board of directors of a homeowners association while living in a different neighborhood?
There is no standard. Read your governing documents -- usually the By-Laws, but check the CC&Rs to be thorough -- to read what qualifications are necessary to serve on the board.
Does condo ownership only include inside the unit from wall to wall and ceiling to floor?
You can find the answer to your question in your governing documents where the ownership parameters are defined.Look for definitions of ownership, including:UnitLimited Common AreasCommon AreasEvery condominium community and its governing documents is different from every other condominium community and its governing documents.
