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Draft a Declaration of Covenants, Conditions, and Restrictions for a real estate developer

Declaration of Covenants, Conditions, and Restrictions


DECLARATION OF COVENANTS, CONDITIONS, AND RESTRICTIONS

THIS DECLARATION, made on this [Date], by [Developer's Full Name], hereinafter referred to as the "Declarant."

WITNESSETH:

WHEREAS, the Declarant is the owner of certain real property located in [City/County], [Country], more particularly described in Exhibit "A" attached hereto and made a part hereof (the "Property"); and

WHEREAS, the Declarant desires to create and carry out a uniform plan for the improvement, development, and sale of the Property for the benefit of the present and future owners of the Property;

NOW, THEREFORE, the Declarant hereby declares that all of the Property described in Exhibit "A" shall be held, sold, and conveyed subject to the following easements, restrictions, covenants, and conditions, which are for the purpose of protecting the value and desirability of, and which shall run with, the Property and be binding on all parties having any right, title, or interest in the described Property or any part thereof, their heirs, successors, and assigns, and shall inure to the benefit of each owner thereof.

TABLE OF CONTENTS

  1. Introduction

  2. Definitions

  3. Property Use Restrictions

  4. Architectural Control

  5. Maintenance Obligations

  6. Assessments

  7. Enforcement

  8. Amendments

  9. General Provisions

  10. Exhibit "A" - Legal Description of the Property


1. Introduction

This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made to ensure the orderly development and maintenance of the Property, to protect the value and desirability of the Property, and to provide a framework for the governance of the community.

2. Definitions

2.1 "Association" shall mean and refer to [Name of Homeowners Association], its successors, and assigns.

2.2 "Board" shall mean the Board of Directors of the Association.

2.3 "Common Area" shall mean all real property owned by the Association for the common use and enjoyment of the Owners.

2.4 "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is a part of the Property.

2.5 "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Property with the exception of the Common Area.

3. Property Use Restrictions

3.1 Residential Use: All Lots shall be used for residential purposes only. No commercial, industrial, or professional use shall be permitted.

3.2 Nuisances: No noxious or offensive activity shall be carried on upon any Lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood.

3.3 Animals: No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any Lot, except that dogs, cats, or other household pets may be kept provided they are not kept, bred, or maintained for any commercial purpose.

3.4 Temporary Structures: No structure of a temporary character, trailer, basement, tent, shack, garage, barn, or other outbuilding shall be used on any Lot at any time as a residence, either temporarily or permanently.

3.5 Signs: No sign of any kind shall be displayed to the public view on any Lot except one professional sign of not more than one square foot, one sign of not more than five square feet advertising the property for sale or rent, or signs used by a builder to advertise the property during the construction and sales period.

4. Architectural Control

4.1 Approval Required: No building, fence, wall, or other structure shall be commenced, erected, or maintained upon the Property, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height, materials, and location of the same shall have been submitted to and approved in writing by the Board or by an architectural committee appointed by the Board.

4.2 Standards: The Board or its designated committee shall have the right to refuse to approve any plans or specifications that are not suitable or desirable, in its opinion, for aesthetic or other reasons; and in so passing upon such plans and specifications, it shall have the right to take into consideration the suitability of the proposed building or other structure to be built on the Property.

5. Maintenance Obligations

5.1 Owner's Responsibility: Each Owner shall maintain their Lot and all improvements thereon in a clean, sanitary, and attractive condition.

5.2 Association's Responsibility: The Association shall maintain the Common Area and all improvements thereon in a clean, sanitary, and attractive condition.

6. Assessments

6.1 Creation of the Lien and Personal Obligation of Assessments: Each Owner, by acceptance of a deed for a Lot, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments or charges, and special assessments for capital improvements, such assessments to be established and collected as hereinafter provided.

6.2 Purpose of Assessments: The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety, and welfare of the residents in the Property and for the improvement and maintenance of the Common Area.

7. Enforcement

7.1 Right to Enforce: The Association, or any Owner, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens, and charges now or hereafter imposed by the provisions of this Declaration.

7.2 Fines and Penalties: The Board shall have the authority to impose fines and penalties for violations of the provisions of this Declaration, the Bylaws, or any rules and regulations adopted by the Association.

8. Amendments

8.1 Amendment by Owners: This Declaration may be amended by an instrument signed by not less than seventy-five percent (75%) of the Lot Owners. Any amendment must be recorded.

8.2 Amendment by Declarant: Until the conveyance of seventy-five percent (75%) of the Lots to Owners other than the Declarant, the Declarant may amend this Declaration without the consent of any other Owner or mortgagee.

9. General Provisions

9.1 Severability: Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect.

9.2 Duration: The covenants and restrictions of this Declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the Association, or the Owner of any Lot subject to this Declaration, their respective legal representatives, heirs, successors, and assigns, for a term of twenty (20) years from the date this Declaration is recorded, after which time said covenants shall be automatically extended for successive periods of ten (10) years unless an instrument signed by a majority of the then Owners of the Lots has been recorded, agreeing to change said covenants and restrictions in whole or in part.

9.3 Notices: Any notice required to be sent to any Member or Owner under the provisions of this Declaration shall be deemed to have been properly sent when mailed, postpaid, to the last known address of the person who appears as Member or Owner on the records of the Association at the time of such mailing.

9.4 Interpretation: The Board shall have the right to determine all questions arising in connection with this Declaration and to construe and interpret its provisions, and its good faith determination, construction, or interpretation shall be final and binding.

10. Exhibit "A" - Legal Description of the Property

[Insert Legal Description Here]


IN WITNESS WHEREOF, the undersigned, being the Declarant herein, has hereunto set its hand and seal this [Date].

[Developer's Full Name]

By: ___________________________

Title: __________________________


ACKNOWLEDGMENT

STATE OF [State]

COUNTY OF [County]

On this [Date], before me, [Notary's Name], personally appeared [Developer's Full Name], who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument.

WITNESS my hand and official seal.

Signature: ___________________________

(Seal)


TLDR

This document is a comprehensive Declaration of Covenants, Conditions, and Restrictions (CC&Rs) for a real estate development. It outlines the rules and regulations governing the use of the property, the responsibilities of the property owners and the homeowners' association, and the procedures for enforcement and amendment of the CC&Rs.

Conclusion

The Declaration of Covenants, Conditions, and Restrictions is a crucial document for maintaining the value and desirability of a real estate development. It provides a framework for the governance of the community and ensures that all property owners adhere to a uniform set of standards. This sample document can be customized to fit the specific needs of any real estate development project.


Sources:

  • Kenya Law Reports

  • FindLaw

  • Nolo

  • Forbes

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