Massachusetts Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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Multi-State
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US-1126BG
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Description

Covenants, conditions, and restrictions (CC&Rs) of the subdivision are likely the most important documents affecting the subdivision and are usually created when the subdivision is initially formed, and as such are often recorded in the official property records of the county or other jurisdiction where the subdivision is located. Commonly the CC&Rs specify what types of structures can be placed on a lot (e.g. an upscale community may prohibit mobile homes or travel trailers and require minimum sizes on dwellings, along with offsets from the property line where building is prohibited) and other property restrictions (e.g. no animals except for traditional household pets, no operation of commercial business). Generally CC&Rs are enforceable as legal documents. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
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  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties
  • Preview Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties

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FAQ

Arizona Recorded Document Search - Visit the county recorder's office where the property or association is located to find HOA documents, such as Declaration of Covenants, Conditions, and Restrictions (CC&Rs), Amendments, Bylaws, HOA Notices, Subdivision Maps, Plats, Recorded Land Surveys, Deeds, Deeds of Trust, Liens,

State oversight of homeowner associations is minimal, and it varies from state to state. Some states, such as Florida and California, have a large body of HOA law. Other states, such as Massachusetts, have virtually no HOA law.

If you recently purchased a home and did not receive a copy of your CC&Rs, contact your title company for assistance. You can also obtain a copy of your CC&Rs by visiting one of our office locations or sending us a copy order. 200bIf you have questions or need further assistance, call our office at (916) 874-6334.

The CC&Rs must be recorded with the county recorder's office in order to create certain restrictions on the property and provide recorded notice of the contractual obligations on the deed to prospective buyers. You should be able to find a copy of the CC&Rs on your county assessor's official government website.

Maintaining Common Areas: The HOA assumes responsibility for common areas whether green spaces, amenities, or community buildings. They repair any damages, replace or upgrade systems, and ensure proper aesthetics and safety.

To find your local CCR, visit EPA's Consumer Confidence Reports page . To find your local health department, use NACCHO's Directory . Review the EPA's Safe Drinking Water Information .

In some cases, the CC&Rs stay in force for about 21 years from the original recording date. After that initial period, the members of the association would typically have to vote to renew or terminate the covenants; otherwise, they would, in general, expire and no longer be enforceable.

In Massachusetts, homeowners' associations, also called HOAs, are not governed by a particular law in the way that condominium associations are. Generally, condominiums are preferred by developers when trying to create housing arrangements with shared common spaces among different unit dwellers.

The CC&Rs set out the rules of the HOA community. They describe the requirements and limitations of what you can do with your property. The goal of the CC&Rs is to protect, preserve, and enhance property values in the community. The bylaws, on the other hand, govern how the HOA operates.

Massachusetts HOA Laws and RegulationsHomeowners associations in Massachusetts are not governed or regulated by any act. Chapter 138A of the State Code describes condominium management but those laws do not apply to HOAs.

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Massachusetts Declaration of Covenants, Conditions, and Restrictions of Homeowners' Association Including Powers and Duties