======================================================================== [ASSOCIATION NAME] — DECLARATION OF COVENANTS, CONDITIONS & RESTRICTIONS A template for drafting or revising your community's CC&Rs. Free template from The HOA Guide — thehoaguide.com ======================================================================== IMPORTANT: This template is a starting point, not a finished legal document. Have a licensed attorney in your state review and customize it before recording or adopting it. ------------------------------------------------------------------------ ARTICLE I — DEFINITIONS ------------------------------------------------------------------------ 1.1 "Association" means [ASSOCIATION NAME], a [state] nonprofit corporation. 1.2 "Board" means the Board of Directors of the Association. 1.3 "Common Area" means all real property and improvements owned or maintained by the Association for the common use of all Owners. 1.4 "Lot" means any individually owned parcel within the Development as shown on the recorded plat. 1.5 "Owner" means the record title holder of any Lot. 1.6 "Member" means every Owner, who is automatically a Member of the Association upon taking title to a Lot. 1.7 "Development" means the real property described in Article II. 1.8 "Governing Documents" means this Declaration, the Articles of Incorporation, the Bylaws, and any Rules and Regulations adopted by the Board. 1.9 "Assessment" means any charge levied against a Lot by the Association under Article VI. 1.10 Additional definitions: __________ ------------------------------------------------------------------------ ARTICLE II — PROPERTY DESCRIPTION ------------------------------------------------------------------------ 2.1 Legal description of the Development: __________ 2.2 Plat / subdivision reference: Recorded in [county], [state], Book ____, Page ____. 2.3 Common Areas include (check all that apply): [ ] Roads and sidewalks [ ] Clubhouse / community center [ ] Swimming pool / amenities [ ] Parks and green spaces [ ] Drainage / retention areas[ ] Entry features and signage [ ] Other: __________ ------------------------------------------------------------------------ ARTICLE III — MEMBERSHIP AND VOTING RIGHTS ------------------------------------------------------------------------ 3.1 Every Owner is automatically a Member of the Association. 3.2 Voting allocation: [ ] One vote per Lot [ ] Weighted by square footage / unit type [ ] Other: __________ 3.3 Quorum for membership meetings: ____% of total votes. 3.4 Proxy voting: [ ] Permitted [ ] Not permitted Proxy form must be submitted ____ days before the meeting. 3.5 Board composition: Number of directors: ____ Term length: ____ years Election method: __________ ------------------------------------------------------------------------ ARTICLE IV — USE RESTRICTIONS ------------------------------------------------------------------------ 4.1 Residential use only: [ ] Yes — Lots may be used only for single-family residential purposes. [ ] Other permitted uses: __________ 4.2 Leasing / rentals: [ ] Permitted with no restrictions [ ] Permitted with Board approval [ ] Minimum lease term: ____ months [ ] Short-term rentals (under 30 days): [ ] Allowed [ ] Prohibited [ ] Not permitted 4.3 Vehicles and parking: - Commercial vehicles on Lots: [ ] Allowed [ ] Prohibited - Recreational vehicles / boats: [ ] Allowed [ ] Prohibited - Maximum vehicles per Lot: ____ - Overnight street parking: [ ] Allowed [ ] Prohibited 4.4 Pets and animals: - Maximum number of pets: ____ - Breed or weight restrictions: __________ - Livestock prohibited: [ ] Yes [ ] No 4.5 Noise and nuisance: - Quiet hours: ____ to ____ - Additional restrictions: __________ 4.6 Signs: - For-sale / for-rent signs: [ ] Allowed [ ] Prohibited - Maximum size: __________ - Political signs: governed by applicable state and federal law. 4.7 Other use restrictions: __________ ------------------------------------------------------------------------ ARTICLE V — ARCHITECTURAL STANDARDS ------------------------------------------------------------------------ 5.1 An Architectural Review Committee ("ARC") is hereby established. Number of members: ____ Appointed by: [ ] Board [ ] Membership vote 5.2 Prior written approval from the ARC is required before any Owner may: - Construct, alter, or demolish any structure - Change exterior paint, siding, or roofing materials - Install fencing, walls, or hedges - Add or modify landscaping visible from Common Areas or streets - Install solar panels, satellite dishes, or antennas - Other: __________ 5.3 Application process: - Submit written application with plans and specifications to ARC. - ARC shall approve or deny within ____ days of receipt. - Failure to respond within that period constitutes: [ ] Approval [ ] Denial 5.4 Appeal of ARC decision: - Appeals submitted to the Board within ____ days of denial. - Board decision is final. 5.5 General standards: - Minimum Lot maintenance requirements: __________ - Setback requirements: __________ - Maximum building height: __________ - Approved color palette: [ ] On file with ARC [ ] N/A ------------------------------------------------------------------------ ARTICLE VI — ASSESSMENTS, LIENS, AND COLLECTIONS ------------------------------------------------------------------------ 6.1 Regular assessments: - Annual assessment amount: $__________ per Lot (or as set by the Board annually). - Due date(s): __________ - Payment frequency: [ ] Monthly [ ] Quarterly [ ] Annually 6.2 Special assessments: - The Board may levy special assessments for capital improvements, emergency repairs, or shortfalls with approval of ____% of the membership (or as required by state law). 6.3 Late fees and interest: - Late fee: $____ or ____% of the unpaid balance, assessed ____ days after the due date. - Interest rate on past-due balances: ____% per annum. 6.4 Lien authority: - Unpaid assessments, late fees, interest, and collection costs constitute a lien on the Lot from the date the assessment becomes due. - The Association may record a Notice of Lien and pursue foreclosure as permitted by state law. 6.5 Collection procedures: - Written notice of delinquency sent after ____ days. - Account referred to collections / attorney after ____ days. - Owner is responsible for all reasonable collection costs and attorney fees. 6.6 Reserve fund: - The Board shall maintain a reserve fund for major repair and replacement of Common Area components. - Reserve study frequency: every ____ years. ------------------------------------------------------------------------ ARTICLE VII — INSURANCE REQUIREMENTS ------------------------------------------------------------------------ 7.1 Association insurance: The Association shall maintain at minimum: [ ] Property / hazard insurance on Common Areas [ ] General liability insurance (minimum $__________) [ ] Directors and officers (D&O) liability insurance [ ] Fidelity bond / crime insurance [ ] Workers' compensation (if employees) [ ] Flood insurance (if applicable) [ ] Other: __________ 7.2 Owner insurance: Each Owner shall maintain: [ ] Homeowner's insurance (HO-3 or equivalent) [ ] Liability coverage (minimum $__________) [ ] Loss-assessment coverage recommended [ ] Other: __________ 7.3 Certificates of insurance: The Association may require Owners to provide proof of coverage upon request. ------------------------------------------------------------------------ ARTICLE VIII — MAINTENANCE RESPONSIBILITIES ------------------------------------------------------------------------ 8.1 Association maintains: [ ] All Common Areas and improvements thereon [ ] Exterior of buildings (if applicable) [ ] Roofs and structural elements (if applicable) [ ] Landscaping in Common Areas [ ] Roads, sidewalks, and drainage within the Development [ ] Other: __________ 8.2 Owner maintains: [ ] Interior of the dwelling [ ] Lot landscaping and yard [ ] Driveway and walkways on the Lot [ ] Exterior of the dwelling (if not Association responsibility) [ ] Other: __________ 8.3 Failure to maintain: If an Owner fails to maintain their Lot as required, the Association may, after ____ days' written notice, enter the Lot and perform the required maintenance. The cost shall be charged to the Owner as a special individual assessment. ------------------------------------------------------------------------ ARTICLE IX — ENFORCEMENT AND REMEDIES ------------------------------------------------------------------------ 9.1 Notice of violation: The Association shall provide written notice of any violation, describing the violation and allowing ____ days to cure. 9.2 Hearing: Before imposing any fine or sanction, the Board shall offer the Owner a hearing with at least ____ days' advance written notice. 9.3 Fines: - First offense: $____ - Repeat offense: $____ per occurrence / per day - Maximum daily fine: $____ - Fines are collectible as assessments under Article VI. 9.4 Additional remedies: The Association may pursue any or all of the following: [ ] Suspension of Common Area privileges [ ] Legal action for injunctive relief or damages [ ] Recovery of attorney fees and costs from the violating Owner [ ] Self-help remedies after notice and opportunity to cure 9.5 No waiver: Failure to enforce any provision shall not constitute a waiver of the right to enforce it in the future. ------------------------------------------------------------------------ ARTICLE X — AMENDMENT PROCEDURES ------------------------------------------------------------------------ 10.1 Amendment by membership vote: This Declaration may be amended by the affirmative vote of ____% of the total membership. 10.2 Notice of proposed amendment: Written notice of any proposed amendment shall be sent to all Owners at least ____ days before the vote. 10.3 Recording: Any amendment must be recorded in the county land records to be effective. 10.4 Exceptions: The following provisions may not be amended without ____% approval: __________ ------------------------------------------------------------------------ ARTICLE XI — DISPUTE RESOLUTION ------------------------------------------------------------------------ 11.1 Internal resolution: Disputes between an Owner and the Association shall first be submitted to the Board in writing. The Board shall respond within ____ days. 11.2 Mediation: If the dispute is not resolved internally, the parties shall submit to mediation before a neutral mediator before pursuing litigation. Mediation costs shall be shared equally. 11.3 Arbitration (optional): [ ] Binding arbitration required before litigation [ ] Arbitration available but not mandatory 11.4 Litigation: If mediation (and arbitration, if applicable) fails, either party may pursue legal action. The prevailing party shall be entitled to recover reasonable attorney fees and costs. 11.5 Governing law: This Declaration shall be governed by the laws of the state of __________. ------------------------------------------------------------------------ SIGNATURES AND RECORDING ------------------------------------------------------------------------ Executed this ____ day of __________, 20____. Declarant / Association: Signature: ___________________________ Printed name: ________________________ Title: _______________________________ Notarization: State of __________ County of __________ Acknowledged before me on __________, 20____, by ________________________. Notary signature: ____________________ Commission expires: __________________ ------------------------------------------------------------------------ Record this Declaration with your county recorder's office. Have a licensed attorney review and customize this template for your state's laws before recording. More at thehoaguide.com/run-your-hoa/