There are several places to find CC&Rs for a property. Whether you want to buy real estate and need to review it before your deal closes or are a homeowner who lost your copy. In the first instance, your realtor should obtain a copy for you, but if they do not there are other sources who should be able to provide one, including the seller and/or the builder (if it is a new construction). In the latter case, you should be able to contact your homeowner’s association (HOA) or get a copy from your local records department.
- There are several sources where you should be able to find your HOA Information
- CC&Rs are public records
If you buy new construction, the builder must provide you a copy. On the other hand, if you buy from a resident owner, they should give you a copy when you sign the contract. Even if they do not have a copy the HOA will have one. Finally, your county assessor’s office must have a copy for development in the area.
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How do I Find HOA Information so I Can Find CC&Rs for a Property?
If you find it difficult to find your HOA information, you are not alone. It can be surprisingly hard to locate the association for your property. Once you do, though, they should provide you with a copy of any documentation about your community you need. Here are some steps that the Homeowner’s Protection Bureau (HOPB) recommends:
- Start by verifying the name of your subdivision or community
- Find the association’s corporation information
- Find your association’s recorded documents
- Verify you have the correct association
- Finally, contact your HOA
You can begin your search online with a simple google search. This should provide you with your local assessor’s website. From there you can run a property search. Once you have this information you can go to your state’s business records agency to find your agency’s incorporation documents. The HOPB has a list of agencies for each state at the link above. These documents will contain their contact information.
Can You Find CC&Rs for a Property in Public Records?
CC&Rs are public record. Since they are legally binding on the homeowner the builder and/or HOA must record them with the local government.
What is a Recorded CC&R?
NOLO points out that a recorded CC&R is a legal document that the HOA files with your county assessor’s office when you buy a property governed by the association. These covenants and restrictions run with the land. This means that when you buy the property the covenants and restrictions become binding to you as the new owner. You do not need to sign them in most state, such as Oregon and California.
How do I Get a Copy of My CC&R?
You can get a copy of your CC&R from a few places. Depending on if you buy new construction or from a previous owner there are different avenues you can take to obtain a copy. Whenever a developer builds a new community with an HOA, they must record the CC&RS in the county records. They should provide the buyers with a copy of this document with the contract they sign to purchase the property.
What if you do not buy it from the developer but from a previous owner, though? If you work with a professional real estate agent, they should provide you with the document. If you are not working with one or they drop the ball, the seller usually has a copy. When they do not, then the HOA can provide it for you.
Final Thoughts on How to Find CC&Rs for a Property
You should be able to find the CC&Rs for your property easily, but sometimes it can be difficult. People lose important documents. HOAs do not always stay active, and real estate agents do not always stay on top of things like they should.
If you do a little research, though, you can find them without too much trouble. Make sure you know the legal name of your community and find your county records department. They should have your CC&Rs recorded because they are a public record.