HOA CC&R Template

• "Association" means [Association Name], Inc.
• "Declarant" means [Developer/Original Owner Name], its successors and assigns.
• "Lot" means each numbered parcel shown on the recorded plat of [Community Name].
• "Common Area" means all real property, improvements, and amenities owned or maintained by the Association for the common use and enjoyment of the owners.
• "Owner" means the record owner, whether one or more persons or entities, of fee simple title to a Lot.

This Declaration applies to the real property described in Exhibit A, together with any additional property later annexed by the Declarant or the Association in accordance with this Article.

Every Owner of a Lot is a member of the Association. Membership is appurtenant to and may not be separated from ownership of a Lot. Each Lot carries one vote.

Each Owner, by acceptance of a deed, covenants to pay the Association: (1) regular annual or more frequent assessments, and (2) special assessments for capital improvements or unbudgeted expenses, as levied in accordance with this Declaration.

Assessments, together with interest, late fees, and reasonable collection costs, are a continuing lien on the Lot against which the assessment is made and are the personal obligation of the Owner at the time the assessment falls due.

The Board sets the amount and due date of regular assessments annually based on the adopted budget. Special assessments require the approval described in the Association’s Bylaws.

No exterior improvement, alteration, addition, or change of exterior appearance of a Lot may be made without prior written approval of the Architectural Review Committee or the Board, based on published architectural guidelines.

Requests are submitted in writing and acted upon within a reasonable time (the Association’s guidelines specify the review period). Failure to act within that period is deemed approval unless the guidelines state otherwise.

Lots are used for single-family residential purposes only, except as otherwise permitted by the Declaration or applicable law.

• No nuisance, noxious, or offensive activity likely to cause annoyance or embarrassment to other Owners.
• No signs other than one professional real estate sign, except as permitted by the Association’s rules or state law.
• No parking of commercial vehicles, boats, or trailers in driveways or streets except as permitted by the rules.
• Pets are permitted subject to the Association’s pet rules (number, size, and leash requirements) and any breed or weight limits stated in the rules.
• Leasing of a Lot is permitted subject to the Association’s leasing policy, including minimum lease term and registration requirements, where adopted.

Each Owner maintains their Lot and all improvements on it in good condition and repair, consistent with the Association’s maintenance standards. The Association maintains the Common Area.

If an Owner fails to maintain their Lot after written notice and a reasonable cure period, the Association may perform the necessary maintenance and assess the cost to the Owner as a special assessment.

The Association maintains insurance on the Common Area as required by its governing documents, state law, and any applicable mortgage-holder requirements. Each Owner is responsible for insuring their own Lot and its contents.

This Declaration runs with the land and binds all Owners for an initial term of [20] years, automatically renewed for successive [10]-year periods unless terminated or amended as provided below.

This Declaration may be amended by an instrument signed by Owners representing at least [67% or per state law] of the total votes, recorded in the county land records.

The Association or any Owner may enforce this Declaration by any proceeding at law or in equity. Before pursuing formal enforcement, the Association follows its adopted enforcement policy, including written notice and a reasonable cure period, and, where required, an opportunity for a hearing before the Board.

Failure to enforce any provision does not waive the right to enforce it later.

Severability: Invalidation of any provision by a court does not affect the remaining provisions, which remain in full force.

Notices: Any notice required under this Declaration is delivered in writing to the Owner’s address of record, by mail, hand delivery, or electronic means the Owner has agreed to accept.