Deed restrictions may have a significant and substantial impact on the use and value of property. The CC&Rs are recorded against the property and generally empower a homeowner’s association to control certain aspects of property use within the development. By purchasing a property in such a development, the buyer agrees to be bound by the CC&Rs. The association, the property owners as a whole, and individual property owners can enforce the contract.
It is essential that home buyers review and agree to these restrictions prior to purchasing a property. In a resale transaction using the AAR Resale Contract form, the buyer must review CC&R's within five days after receipt. If buying a newly constructed home the CC&Rs need to be read before signing the purchase contract with home builder.