Or CC&R’s as they are referred to commonly. These are the rules you agree to when you buy a home that is part of a developed community. These communities implement an HOA (Home Owner’s Association), and the HOA sets forth the CC&R’s for the community. Essentially, these are detailed guidelines for what you are allowed to do to “your” property. Violate these rules and you can be fined. Fail to pay the fine and you could even lose your home!
It seems this (CC&R's) is a pretty common practice these days, especially up here in western Washington. When we first moved up here, owning a home was very high on our list of goals. Financially it wasn’t an option and for the first couple years, as our family grew, we apartment hopped. And living in apartments can be rough. Not only are you throwing away money each month on rent, but you really cannot do anything to make it “your home”. Often there is little or no yard, and modifications are pretty strict.
So while we served our time in apartments, we (mostly Jody) casually shopped for houses. It was more like doing our homework really. Determine what we like and don’t like etc. But during all this it was always just assumed that once we bought it - it was ours. If I wanted to modify it in some fancy or lame way, it was my choice – I own it. Right?
Apparently not. At least not like we had always dreamed. When we purchased our first home, it wasn’t until we had already progressed well into the buying process that we were first introduced to CC&R’s. It was almost a deal breaker instantly. Jody was shocked and very upset that she couldn’t build that nice little white picket fence she always dreamed of when she owned her own home. According to the rules at the time, we could only install specific fencing, with specific materials, and it had to be a specific height. Oh, and we needed to get written permission first.
We could have walked away, but we really liked the house, and the ball was already rolling. We saw home ownership on the horizon so we decided to just live with the restrictions. And as it turned out, the “police” that enforce the rules didn’t really seem to care all that much about most “violations”. Most people never bothered to ask permission, and so long as you didn’t up and paint your house chartreuse green, you didn’t get any complaints about external modifications. In general, people used common sense and kept their place in decent shape. This therefore left us with an impression that CC&R’s were more of a general “guideline” rather than a hard rule. Should someone in the neighborhood clearly do something egregious, the CC&R’s would be there for the community to use as a means of correcting the problem.
Clearly this was short sighted on our part. And for the three years we lived in that house we did whatever we wanted. Externally we didn’t do much besides some basic landscaping. And as our family continued to grow (we gained a 3rd child and a Grandma), and our accumulation of “stuff” continued to grow, the desire for a bigger house also began to grow. Jody happily began to house shop and we soon came across the new house development called “The Farm at Woodscreek”.
We instantly fell in love with the Quadrant homes. They offered tons of space, and we got to experience pretty closely what it is like to build your own home. They offer the basic floor plan options for the community, and you get to pick all the various options you want made/installed. It was both stressful and lots of fun to watch your house slowly materialize before you over the course of 2 months. We couldn’t wait to get into the new home.
And of course, the new community also had CC&R’s. We knew this going in, and we didn’t think much of it based on past experience. Heck, the rules in place at the time we bought had been outlined by the builder and were overall pretty lax. It wasn’t really even a concern point for us – we signed the papers and the house was constructed.
A year afterwards, the entire community development was complete, and the HOA (currently managed by the builder) was pawned off to a local management company. Meetings were held, board of directors nominated, and a new HOA was established. And this one meant business. How I wish I had gotten involved early on and learned better who the key players in all this would end up being. Had I known how bad it would get...
Yep, Jody and I just spent literally all weekend attempting to correct our reported CC&R violations. Most of which we had to speculate because the certified letter we received wasn’t very specific outside of “lawn maintenance, and weed control”. Considering there was few weeds and I always mow the lawn, we speculate the inspector(s) took more issue with the front flower display Jody had put in place. You see, some of the flowers looked like weeds. At least to me anyway. The actual flowers hadn’t bloomed yet, and some had grown a little out of control. Even I had to admit, it didn’t look great. But it wasn’t bad. Certainly wasn’t bringing down the value of any home nearby.
But if we didn’t fix our violations in seven days from the post date on the letter, it was $150 fine and or legal action. And this isn’t the first time we have had an issue. Anytime we have anything out of “code” when the inspection crew makes their rounds – we get a letter. Once I had our utility trailer parked in our driveway for just two days and we got a letter. If you don’t properly ask permission to do something to your landscaping, you get a letter. Have a relative pass away, and a baby arrive, and therefore your time pretty much tied up dealing with life - you get a letter. It is ridiculous.
There is little doubt that we will be selling this place in the next few years at this point. I am all for keeping our house in order, but the constant oversight and harassment, not to mention the need to get everything approved - it's just too annoying. I am supposed to own this place, but it feels more like an apartment or a condo.
If you are in the market for a new home, check the CC&R’s. Read them entirely. Get an agent to clarify any questions you may have. Then after you move in, attend any meetings if rules or management companies are going to be changed, and be completely ready to invest time dealing with reported issues.
After all, if you don’t keep the landlord happy, you might get booted off your property.