What Are CC&Rs?
The Declaration of Covenants, Conditions & Restrictions (CC&Rs) is the foundational legal document for every Florida homeowners association and planned community. Recorded in the county's Official Records, the CC&Rs create a private system of rules that every homeowner in the community must follow.
The CC&Rs are superior to the Bylaws and the Rules and Regulations. If there is a conflict between any HOA document and the CC&Rs, the CC&Rs control.
What the CC&Rs Contain
- Use Restrictions — Rules on short-term rentals (Airbnb), pets, parking, noise, home businesses, exterior modifications, and landscaping. These are the provisions most commonly litigated between homeowners and HOAs.
- Assessment Authority — The HOA's legal power to levy regular and special assessments on every lot owner, and the lien and foreclosure rights the HOA has when assessments go unpaid.
- Architectural Control — Requirements for pre-approval of exterior changes (paint colors, fencing, roofing materials, additions) by an Architectural Review Committee.
- Common Area Maintenance — The HOA's obligation to maintain roads, pools, clubhouses, and landscaping within the common areas.
- Enforcement Mechanisms — Fining authority, suspension of common area privileges, and the right to file injunctions against violating homeowners.
Running with the Land
CC&Rs "run with the land," meaning they bind every future owner of every lot in the community, not just the original buyers. When you buy a home in an HOA community, you are automatically bound by the CC&Rs whether you read them or not.
Related Terms
- Homeowners Association — The entity that enforces the CC&Rs
- Deed Restriction Enforcement — The legal action for CC&R violations
- Assessments — The financial charges authorized by the CC&Rs
Barnes Walker HOA Law
Barnes Walker's HOA attorneys draft, amend, and enforce CC&Rs on behalf of Florida homeowners associations and planned communities, ensuring our clients' governing documents are legally current, enforceable, and protective of community property values. Request a legal inquiry for assistance.
Florida Law Reference
Fla. Stat. Ch. 720
The Florida Homeowners' Association Act governs HOA powers, member rights, assessment collection, and enforcement of deed restrictions.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC