Covenants, conditions, and restrictions, or CC&Rs, are rules that homeowners within a subdivision must abide by. For instance, a typical CC&R document might say that any structures added to your home must conform to the existing structure in terms of height, material, and color.
The Homeowners Association Dispute Process is administered by the Arizona Department of Real Estate, which has the statutory jurisdiction to hear issues between residents and homeowner or inium associations.
C.C. & R'S Abbreviation for declaration of conditions, covenants and restrictions document. A legal document typically recorded by the subdivision developer concurrently with the subdivision plat map.
CC&Rs stand for Covenants, Conditions, and Restrictions. They are set rules and regulations which a homeowner must follow to reside in a particular area. They define what the owner can and cannot do with their property.
In Arizona, forming an HOA requires drafting and filing the Articles of Incorporation under the Arizona Nonprofit Corporation Act, which legally establishes the HOA as an entity.
Arizona courts have confirmed that CC&Rs are a contract between all the homeowners bound by the CC&Rs, so any other homeowner has the right to file a lawsuit to enforce that contract.
You can use the Recorded Document Search to find the Covenants, Conditions, and Restrictions (CC&Rs) for a property or HOA. CC&Rs are typically recorded under the name of the property subdivision or the name of the HOA. When searching, please search using the "Business Name" section.
Conditions and Rules are "cousins", but the difference is that Conditions are flexible while Rules are powerful.
The key differences between standing rules and bylaws therefore relate to both effect and scope: bylaws are more overarching and refer to procedures while standing rules tend to be more administrative and speak to specifics. Bylaws and standing rules are also hierarchical in nature: bylaws supersede standing rules.
In contrast to roles, which are essentially just collections of permissions to access system resources, rules define conditions for permission assignments. What does this mean in practical terms? Rule writers can cherry-pick which attributes and conditions are important in a given process.