Reading CC&Rs and other homeowners’ association documents can be a labor-intensive process, but it is an important step when buying a home. Homes in planned communities often offer benefits like shared amenities or gated security. However, they also come with an HOA and its rules, which is why it’s important to have a skilled Missouri real estate lawyer review these documents carefully before closing on the property.
What is a CC&R?
CC&R stands for covenants, conditions, and restrictions. These are rules set by a homeowners’ association in a planned community. Reading these rules and other HOA documents is an important part of buying a home because they can affect how you live in the property. You may really like a house or condo, but if the HOA rules don’t work for you, it may be a reason to reconsider the purchase.
HOA documents are legally binding, which means you must follow the rules whether you agree with them or not. If you break the rules, the HOA can fine you, place a lien on your home, or even take legal action against you.
Why Are CC&Rs So Important?
HOA rules are meant to keep the neighborhood in good shape and protect property values. Some rules, like those about yard care or keeping noise down at night, can be helpful. Going over these rules with your realtor or a Missouri real estate lawyer can help you understand what will be expected of you as a homeowner.
For example, you should know if you are not allowed to park a boat in your driveway or if you must use certain plants in your yard. It’s important to learn these rules before you finalize the purchase, especially if you can’t or don’t want to follow them.
Is There Anything Else I Should Be on the Lookout For?
CC&Rs also explain the HOA’s finances. They tell you how much you will pay for regular maintenance, whether you could be charged extra for major repairs, and what fines apply if you break the rules. They also explain how you can challenge a fine or penalty if you disagree with it.
Reading these documents also helps you understand how the HOA rules can be changed in the future. As a homeowner, you can take part in the HOA and help shape rules that work for the community.
HOAs often try to limit spending, but hiring a Missouri real estate lawyer to review your community’s contract can be worth the cost in the long run.
Were Your CC&Rs Drafted By a Qualified HOA Lawyer?
HOA board members often change, and many HOA rules and practices are simply passed from one board to the next. Over time, these rules may continue without anyone fully understanding their genesis or their effect or continued relevance.
Thus, your CC&Rs could have been written quite some time ago, and it may even be unclear who wrote them. In some cases, an HOA board may have used an attorney who does not focus on HOA law, or even relied on a generic form taken from a form book or the internet.
This means the CC&Rs your HOA uses now may not have been written by a lawyer who truly understands how HOAs work and the problems they face. Working with a Missouri real estate lawyer can help make sure the rules are updated and properly written to fit your community’s specific needs.
The Contract May Be Outdated
Even if your CC&Rs were originally written by a qualified HOA attorney, they may not have been updated in a long time. Laws change, and new issues can come up that were not a concern when the rules were first written, such as online privacy or digital enforcement.
HOA laws change often because of new state laws and court decisions. A Missouri real estate lawyer can help make sure your HOA’s rules stay up to date and follow the law.
Wegmann Law Firm
HOA rules and contracts can be complicated, and outdated documents can create problems for the entire community. Getting clear legal guidance can help your HOA avoid disputes, stay compliant with the law, and plan for the future.
If you need help reviewing your HOA documents, contact a Missouri real estate lawyer at Wegmann Law Firm by calling us at (636) 797-2665 or filling out our online contact form to receive straightforward advice and support.
