What are CC&Rs?
CC&Rs are Covenants, Conditions, and Restrictions; it is a legal document that lays out the guidelines for a planned community. The CC&Rs is a legally binding document that is recorded in the San Diego County Recorder’s Office.
When you purchase a home in a planned community, you automatically become a member of a Homeowner’s Association (HOA).
If you are thinking of purchasing a home in an HOA community, you should take the time to read the CC&Rs and bylaws so that you are aware of the community guidelines. You want to make sure that the rules and restrictions are compatible with your goals before becoming a part of an HOA.
Why do we have CC&Rs?
Most planned developments including closed or gated residential areas make use of covenants for the benefit of all residential owners. Communities with properly drafted and enforced CC&Rs have been shown to retain property value better than those with poorly enforced covenants or no standards at all. Neighborhoods that follow their covenants and standards tend to be safer, look better, maintain better relationships with local, State, and Federal governments; and better retain or increase the investments that homeowners have made in their properties.
What are the duties of the Board of Directors?
The Board of Directors is responsible for the management and operation of the homeowner association; all in accordance with standards established by the governing documents created when the community was first developed. To the extent that an association has such authority and control, it is its board of directors that carries out these duties and responsibilities.
The board’s authority includes all of the powers and duties enumerated in general law, as long as these powers are not inconsistent with the provisions of the documents governing the association.
The Board of Directors has an affirmative duty to carry out the responsibilities of the office in the best interests of the association.
Directors have a fiduciary responsibility to the association and each of its members. The board’s duties must be performed with the care and responsibility that an ordinary prudent person would exercise under similar circumstances.
Why do we have Homeowner Association (HOA) dues?
The money is used to pay budgeted operating expenses; and some of the money is set aside for long term repairs (roads, parking lots, roofs, fences, street lights, and tree trimming). The Board of Directors does their best to predict yearly operating expenses and future capital expenses with the use of a reserve study.
HOA dues may have to be raised when operating expenses increase and when members do not pay their dues. When HOA dues are not raised in a timely manner, it sometimes becomes necessary to charge an assessment to each homeowner to make up for depleted funds.
All the owners have to live within the HOA finances, but note, it’s better to increase fees as you go to avoid special assessments.
What do we do if we have a noise complaint?
Your have a right to a reasonable quiet enjoyment of your home. If you feel this right is being infringed on then you should call the Chula Vista Police Department. They may be able to help you or advise you on the best plan of action. If you wish to be anonymous when you call, make that request. CVPD non emergency number is (619) 691-5151.