## Declaration of Covenants, Conditions, and Restrictions for a Real Estate Developer in Kenya

### Table of Contents

1. Introduction
2. Purpose
3. Definitions
4. Covenants
    4.1. Architectural and Design Standards
    4.2. Use Restrictions
    4.3. Maintenance and Repairs
    4.4. Parking and Traffic
    4.5. Pets
    4.6. Noise and Disturbances
    4.7. Utilities
    4.8. Landscaping
    4.9. Common Areas
    4.10. Association Fees
5. Enforcement
6. Amendment
7. Severability
8. Governing Law
9. Conclusion

### Introduction

This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is intended to establish and maintain certain standards and guidelines for the development, use, and enjoyment of the property located at [Insert Property Address] (the "Property"). This Declaration is made and entered into by and between [Developer Name], a [Type of Entity] duly organized and existing under the laws of the Republic of Kenya (the "Developer"), and all owners of lots within the Property (the "Owners").

### Purpose

The purpose of this Declaration is to:

* **Protect the value of the Property:** By establishing and enforcing certain standards and guidelines, this Declaration aims to protect the aesthetic appeal, functionality, and overall value of the Property.
* **Promote the health, safety, and welfare of the Owners and residents:** This Declaration sets forth rules and regulations that are designed to ensure a safe, healthy, and enjoyable living environment for all residents.
* **Facilitate the orderly development and management of the Property:** This Declaration provides a framework for the development, maintenance, and management of the Property, ensuring that all development and activities are conducted in a consistent and orderly manner.

### Definitions

For the purposes of this Declaration, the following terms shall have the meanings ascribed to them below:

* **"Association"** means the [Name of Association], a [Type of Entity] duly organized and existing under the laws of the Republic of Kenya, which is responsible for the administration and enforcement of this Declaration.
* **"Common Areas"** means all areas within the Property that are not owned by individual Owners, including but not limited to streets, sidewalks, parks, and recreational facilities.
* **"Developer"** means [Developer Name], a [Type of Entity] duly organized and existing under the laws of the Republic of Kenya, and its successors and assigns.
* **"Lot"** means a parcel of land within the Property that is owned by an individual Owner.
* **"Owner"** means the legal owner of a Lot within the Property, and their successors and assigns.
* **"Property"** means the real property located at [Insert Property Address], including all improvements thereon.

### Covenants

The following covenants are hereby established and shall be binding upon all Owners and their successors and assigns:

#### 4.1. Architectural and Design Standards

* **Building Design:** All buildings constructed on the Property shall comply with the architectural and design standards set forth in the approved site plan and building plans. These standards may include, but are not limited to, restrictions on building height, setbacks, rooflines, exterior materials, and landscaping.
* **Exterior Color Palette:** The exterior color palette of all buildings shall be approved by the Association. A limited number of color options may be provided to ensure a cohesive and aesthetically pleasing appearance for the Property.
* **Fences and Walls:** All fences and walls shall be constructed of materials and in a manner approved by the Association. Restrictions may be placed on the height, style, and location of fences and walls.

**Source:** This section draws upon the principles of land use planning and development control, which are commonly incorporated into covenants, conditions, and restrictions (CC&Rs) to maintain aesthetic standards and ensure harmonious development.

#### 4.2. Use Restrictions

* **Residential Use:** The Property shall be used for residential purposes only. No commercial, industrial, or agricultural activities shall be permitted on the Property.
* **Home Businesses:** Home businesses may be permitted subject to the approval of the Association and compliance with applicable zoning regulations. Restrictions may be placed on the type and scope of home businesses allowed.
* **Short-Term Rentals:** Short-term rentals, such as those offered through platforms like Airbnb, may be restricted or prohibited. The Association may establish rules and regulations governing short-term rentals, including minimum rental periods and limitations on the number of rentals allowed per year.

**Source:** This section reflects the common practice of restricting land use to ensure compatibility and maintain the character of a residential development. It also addresses the growing trend of short-term rentals and the potential impact on residential communities.

#### 4.3. Maintenance and Repairs

* **Exterior Maintenance:** Owners shall be responsible for maintaining the exterior of their Lots, including but not limited to the landscaping, paint, and roofing.
* **Common Areas:** The Association shall be responsible for the maintenance and repair of the Common Areas. Owners shall contribute to the cost of maintaining the Common Areas through the payment of Association fees.
* **Structural Repairs:** Owners shall be responsible for the repair of any structural damage to their Lots. The Association may establish procedures for the inspection and repair of structural damage.

**Source:** This section outlines the responsibilities of Owners and the Association for maintaining the Property, ensuring that the overall appearance and functionality of the development are preserved.

#### 4.4. Parking and Traffic

* **Parking:** Owners shall be responsible for providing adequate parking for their vehicles. The Association may establish rules and regulations regarding parking, including the number of parking spaces allowed per Lot and the location of parking.
* **Traffic Control:** The Association may implement traffic control measures, such as speed limits, designated parking areas, and traffic calming devices, to ensure the safety and flow of traffic within the Property.
* **Guest Parking:** The Association may designate specific areas for guest parking.

**Source:** This section addresses the practical concerns of parking and traffic management within a residential development, ensuring the safety and convenience of residents.

#### 4.5. Pets

* **Pet Restrictions:** The Association may establish restrictions on the types and number of pets allowed on the Property. These restrictions may include breed restrictions, size limitations, and the requirement for pet licenses and vaccinations.
* **Pet Waste:** Owners shall be responsible for cleaning up after their pets. The Association may designate specific areas for pet waste disposal.
* **Pet Noise:** Owners shall be responsible for controlling the noise made by their pets.

**Source:** This section addresses the common concerns regarding pets in residential developments, balancing the rights of pet owners with the need to maintain a peaceful and safe environment for all residents.

#### 4.6. Noise and Disturbances

* **Noise Levels:** Owners shall be responsible for controlling the noise levels emanating from their Lots. The Association may establish noise ordinances that limit the hours of operation for loud activities, such as construction, music, and parties.
* **Disturbances:** Owners shall refrain from engaging in activities that create disturbances for other residents, such as excessive noise, loud music, or disruptive behavior.
* **Construction:** Construction activities shall be limited to reasonable hours and shall be conducted in a manner that minimizes noise and disturbance to other residents.

**Source:** This section aims to maintain a peaceful and quiet living environment for all residents by addressing noise and disturbance issues.

#### 4.7. Utilities

* **Utility Services:** Owners shall be responsible for connecting their Lots to the necessary utility services, such as water, electricity, and gas.
* **Utility Fees:** Owners shall be responsible for paying all utility fees associated with their Lots.
* **Utility Maintenance:** The Association may establish procedures for the maintenance and repair of common utility infrastructure, such as water lines, sewer lines, and electrical lines.

**Source:** This section addresses the practical aspects of utility services within the Property, ensuring that all Lots have access to essential utilities and that the infrastructure is properly maintained.

#### 4.8. Landscaping

* **Landscaping Standards:** Owners shall be responsible for maintaining the landscaping on their Lots in accordance with the landscaping standards set forth in the approved site plan. These standards may include restrictions on the types of plants allowed, the height of trees, and the maintenance of lawns and gardens.
* **Common Area Landscaping:** The Association shall be responsible for maintaining the landscaping in the Common Areas.
* **Irrigation:** Owners shall be responsible for maintaining their irrigation systems and ensuring that they are operating properly.

**Source:** This section emphasizes the importance of landscaping in maintaining the aesthetic appeal and overall value of the Property.

#### 4.9. Common Areas

* **Access:** Owners shall have the right to access and use the Common Areas in accordance with the rules and regulations established by the Association.
* **Use Restrictions:** The Association may establish restrictions on the use of the Common Areas, such as limitations on the number of guests allowed, the hours of operation for recreational facilities, and the prohibition of certain activities.
* **Maintenance:** Owners shall contribute to the cost of maintaining the Common Areas through the payment of Association fees.

**Source:** This section outlines the rights and responsibilities of Owners regarding the use and maintenance of the Common Areas, ensuring that these shared spaces are properly managed and enjoyed by all residents.

#### 4.10. Association Fees

* **Assessment:** The Association shall have the authority to assess Owners for the purpose of funding the maintenance, repair, and operation of the Property, including the Common Areas.
* **Payment:** Owners shall be responsible for paying all Association fees in a timely manner.
* **Delinquency:** The Association may establish procedures for the collection of delinquent Association fees, including the imposition of late fees and penalties.

**Source:** This section addresses the financial aspects of managing the Property, ensuring that the Association has the necessary resources to maintain and operate the development.

### Enforcement

The Association shall have the authority to enforce the provisions of this Declaration. The Association may take any legal action necessary to enforce the provisions of this Declaration, including but not limited to:

* **Issuing notices of violation:** The Association may issue notices of violation to Owners who are in violation of the provisions of this Declaration.
* **Imposing fines:** The Association may impose fines on Owners who are in violation of the provisions of this Declaration.
* **Seeking injunctive relief:** The Association may seek injunctive relief from a court of competent jurisdiction to prevent or stop any violation of the provisions of this Declaration.

**Source:** This section outlines the enforcement mechanisms available to the Association to ensure compliance with the provisions of the Declaration.

### Amendment

This Declaration may be amended by a majority vote of the Owners, provided that such amendment is in writing and is recorded in the appropriate public records.

**Source:** This section provides a mechanism for amending the Declaration to address changing circumstances or to reflect the evolving needs of the community.

### Severability

If any provision of this Declaration is held to be invalid or unenforceable, such provision shall be struck from this Declaration and the remaining provisions shall remain in full force and effect.

**Source:** This section ensures that the Declaration remains enforceable even if certain provisions are found to be invalid or unenforceable.

### Governing Law

This Declaration shall be governed by and construed in accordance with the laws of the Republic of Kenya.

**Source:** This section specifies the applicable law that will govern the interpretation and enforcement of the Declaration.

### Conclusion

This Declaration of Covenants, Conditions, and Restrictions is intended to create a harmonious and desirable living environment for all Owners and residents of the Property. By adhering to the provisions of this Declaration, Owners can help to preserve the value of their investments and ensure the long-term success of the Property.

**Source:** This section emphasizes the importance of the Declaration in creating a positive and sustainable community within the Property.


## Declaration of Covenants, Conditions, and Restrictions

This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made and entered into as of this [Date] by and between [Developer Name], a [State] corporation (the "Declarant"), and the [Name of the Association], a [State] non-profit corporation (the "Association").

### 1. Introduction

1.1. The Declarant is the owner of the real property located in [County], [State] (the "Property"). The Property is to be developed as a residential community (the "Community").

1.2. The Declarant desires to establish and maintain certain covenants, conditions, and restrictions (the "Covenants") for the benefit of the Property and the owners of the lots within the Community.

1.3. The Declarant hereby declares that the Covenants shall be binding upon all owners of lots within the Community, their successors and assigns, and shall run with the land.

### 2. Purpose

2.1. The purpose of the Covenants is to:

* **Protect and enhance the value of the Property.**
* **Promote the health, safety, and welfare of the residents of the Community.**
* **Maintain the aesthetic quality and character of the Community.**
* **Ensure the orderly development and use of the Property.**

### 3. Definitions

3.1. The following terms, when used in this Declaration, shall have the meanings set forth below:

* **"Association"** means the [Name of the Association], a [State] non-profit corporation, or its successor in interest.
* **"Community"** means the residential community located on the Property.
* **"Covenants"** means the covenants, conditions, and restrictions set forth in this Declaration.
* **"Declarant"** means [Developer Name], a [State] corporation, or its successor in interest.
* **"Lot"** means any parcel of land within the Community.
* **"Owner"** means the record owner of a Lot.
* **"Property"** means the real property located in [County], [State], as described in the legal description attached hereto as Exhibit A.
* **"Residential Unit"** means any dwelling unit located on a Lot.

### 4. Covenants

4.1. **Use of Lots:**

* **Residential Use:** Each Lot shall be used for single-family residential purposes only. No commercial, industrial, or agricultural uses shall be permitted on any Lot.
* **Minimum Lot Size:** The minimum lot size for each Lot shall be [Number] square feet.
* **Setbacks:** All Residential Units shall be set back from the front property line a minimum of [Number] feet, from the side property lines a minimum of [Number] feet, and from the rear property line a minimum of [Number] feet.
* **Building Height:** The maximum height of any Residential Unit shall be [Number] feet.
* **Architectural Style:** All Residential Units shall be constructed in a style that is consistent with the overall architectural theme of the Community.

4.2. **Construction Standards:**

* **Building Codes:** All construction on the Property shall comply with all applicable building codes and ordinances of the [County] and [State].
* **Materials:** All exterior materials used in the construction of Residential Units shall be of high quality and durable.
* **Landscaping:** All Lots shall be landscaped in a manner that is consistent with the overall landscaping plan for the Community.

4.3. **Maintenance:**

* **Exterior Maintenance:** Each Owner shall be responsible for the maintenance of the exterior of their Residential Unit, including the landscaping, painting, and repairs.
* **Common Areas:** The Association shall be responsible for the maintenance of all common areas within the Community, including the streets, sidewalks, parks, and recreational facilities.

4.4. **Architectural Control:**

* **Architectural Review Board:** The Association shall establish an Architectural Review Board (the "Board") to review and approve all plans for the construction, alteration, or addition to any Residential Unit.
* **Board Approval:** No construction, alteration, or addition to any Residential Unit shall be commenced without the prior written approval of the Board.
* **Board Standards:** The Board shall have the authority to establish and enforce standards for the design, construction, and maintenance of Residential Units within the Community.

4.5. **Assessments:**

* **Association Dues:** The Association shall have the authority to levy assessments upon the Owners of Lots within the Community to cover the costs of maintaining the common areas and operating the Association.
* **Assessment Payment:** All assessments shall be due and payable on the first day of each [Month].
* **Delinquent Assessments:** Any assessment that is not paid within [Number] days of the due date shall be considered delinquent. The Association shall have the right to impose late fees and interest on delinquent assessments.

4.6. **Enforcement:**

* **Enforcement Authority:** The Association shall have the authority to enforce the Covenants.
* **Enforcement Procedures:** The Association shall establish procedures for the enforcement of the Covenants.
* **Legal Action:** The Association shall have the right to take legal action to enforce the Covenants.

### 5. Amendments

5.1. The Covenants may be amended by a majority vote of the Owners of Lots within the Community.

### 6. Severability

6.1. If any provision of the Covenants is held to be invalid or unenforceable, such provision shall be struck from the Covenants and the remaining provisions shall remain in full force and effect.

### 7. Governing Law

7.1. The Covenants shall be governed by and construed in accordance with the laws of the [State].

### 8. Notices

8.1. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

* **If to the Declarant:**
    * [Declarant Address]
* **If to the Association:**
    * [Association Address]
* **If to an Owner:**
    * [Owner Address]

### 9. Binding Effect

9.1. The Covenants shall be binding upon and inure to the benefit of the Declarant, the Association, and the Owners of Lots within the Community, their successors and assigns.

### 10. Entire Agreement

10.1. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

### 11. Waiver

11.1. No waiver of any provision of the Covenants shall be effective unless in writing and signed by the party against whom enforcement is sought.

### 12. Exhibit A

12.1. Exhibit A, attached hereto, contains a legal description of the Property.

IN WITNESS WHEREOF, the parties have executed this Declaration as of the date first written above.

**[Developer Name]**

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

**[Name of the Association]**

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

### **Exhibit A**

**Legal Description of the Property**

[Insert Legal Description of the Property]

### **Table of Contents**

1. Introduction
2. Purpose
3. Definitions
4. Covenants
5. Amendments
6. Severability
7. Governing Law
8. Notices
9. Binding Effect
10. Entire Agreement
11. Waiver
12. Exhibit A

### **TLDR**

This Declaration of Covenants, Conditions, and Restrictions establishes rules for the development and use of a residential community. The Covenants cover topics such as lot use, construction standards, maintenance, architectural control, assessments, enforcement, and amendments.

### **Conclusion**

This Declaration of Covenants, Conditions, and Restrictions is a legally binding document that establishes the rules for the development and use of the Community. It is important for all Owners of Lots within the Community to be familiar with the Covenants and to comply with their provisions.

**Sources:**

* [FindHOALaw](https://findhoalaw.com/declaration-ccrs/)
* [HOAM](https://www.hoamanagement.com/hoa-ccr/)
* [FindLaw](https://www.findlaw.com/realestate/owning-a-home/ccrs.html)
* [Practical Law - Westlaw](https://content.next.westlaw.com/practical-law/document/I7d5f2cdf3e7d11e498db8b09b4f043e0/Covenants-Conditions-and-Restrictions-CC-R?viewType=FullText&contextData=(sc.Default))
* [Attorneys' Title Guaranty Fund, Inc.](https://www.atgf.com/tools-publications/pubs/covenants-conditions-and-restrictions)
* [Stoel Rives LLP](https://www.stoel.com/insights/publications/idaho-real-estate-development-law-update-in-ida)
* [Weiss Handler](https://www.weisshandler.com/blog/2022/08/court-case-clarifies-how-to-change-a-restrictive-covenant/)
* [Osborne Clarke](https://www.osborneclarke.com/insights/uk-court-appeal-rules-favour-developer-interpretation-restrictive-covenant)
* [Justia Law](https://law.justia.com/cases/arizona/supreme-court/2022/cv-20-0152-pr.html)
* [NatLawReview](https://www.natlawreview.com/article/wisconsin-supreme-court-case-highlights-need-clarity-restrictive-covenants)

***

## Sample Declaration of Covenants, Conditions, and Restrictions

***

This Declaration of Covenants, Conditions, and Restrictions (the "Declaration") is made and entered into as of this [Date] by and between [Developer Name], a [State] corporation (the "Declarant"), and the [Name of the Association], a [State] non-profit corporation (the "Association").

### 1. Introduction

1.1. The Declarant is the owner of the real property located in [County], [State] (the "Property"). The Property is to be developed as a residential community (the "Community").

1.2. The Declarant desires to establish and maintain certain covenants, conditions, and restrictions (the "Covenants") for the benefit of the Property and the owners of the lots within the Community.

1.3. The Declarant hereby declares that the Covenants shall be binding upon all owners of lots within the Community, their successors and assigns, and shall run with the land.

### 2. Purpose

2.1. The purpose of the Covenants is to:

* **Protect and enhance the value of the Property.**
* **Promote the health, safety, and welfare of the residents of the Community.**
* **Maintain the aesthetic quality and character of the Community.**
* **Ensure the orderly development and use of the Property.**

### 3. Definitions

3.1. The following terms, when used in this Declaration, shall have the meanings set forth below:

* **"Association"** means the [Name of the Association], a [State] non-profit corporation, or its successor in interest.
* **"Community"** means the residential community located on the Property.
* **"Covenants"** means the covenants, conditions, and restrictions set forth in this Declaration.
* **"Declarant"** means [Developer Name], a [State] corporation, or its successor in interest.
* **"Lot"** means any parcel of land within the Community.
* **"Owner"** means the record owner of a Lot.
* **"Property"** means the real property located in [County], [State], as described in the legal description attached hereto as Exhibit A.
* **"Residential Unit"** means any dwelling unit located on a Lot.

### 4. Covenants

4.1. **Use of Lots:**

* **Residential Use:** Each Lot shall be used for single-family residential purposes only. No commercial, industrial, or agricultural uses shall be permitted on any Lot.
* **Minimum Lot Size:** The minimum lot size for each Lot shall be [Number] square feet.
* **Setbacks:** All Residential Units shall be set back from the front property line a minimum of [Number] feet, from the side property lines a minimum of [Number] feet, and from the rear property line a minimum of [Number] feet.
* **Building Height:** The maximum height of any Residential Unit shall be [Number] feet.
* **Architectural Style:** All Residential Units shall be constructed in a style that is consistent with the overall architectural theme of the Community.

4.2. **Construction Standards:**

* **Building Codes:** All construction on the Property shall comply with all applicable building codes and ordinances of the [County] and [State].
* **Materials:** All exterior materials used in the construction of Residential Units shall be of high quality and durable.
* **Landscaping:** All Lots shall be landscaped in a manner that is consistent with the overall landscaping plan for the Community.

4.3. **Maintenance:**

* **Exterior Maintenance:** Each Owner shall be responsible for the maintenance of the exterior of their Residential Unit, including the landscaping, painting, and repairs.
* **Common Areas:** The Association shall be responsible for the maintenance of all common areas within the Community, including the streets, sidewalks, parks, and recreational facilities.

4.4. **Architectural Control:**

* **Architectural Review Board:** The Association shall establish an Architectural Review Board (the "Board") to review and approve all plans for the construction, alteration, or addition to any Residential Unit.
* **Board Approval:** No construction, alteration, or addition to any Residential Unit shall be commenced without the prior written approval of the Board.
* **Board Standards:** The Board shall have the authority to establish and enforce standards for the design, construction, and maintenance of Residential Units within the Community.

4.5. **Assessments:**

* **Association Dues:** The Association shall have the authority to levy assessments upon the Owners of Lots within the Community to cover the costs of maintaining the common areas and operating the Association.
* **Assessment Payment:** All assessments shall be due and payable on the first day of each [Month].
* **Delinquent Assessments:** Any assessment that is not paid within [Number] days of the due date shall be considered delinquent. The Association shall have the right to impose late fees and interest on delinquent assessments.

4.6. **Enforcement:**

* **Enforcement Authority:** The Association shall have the authority to enforce the Covenants.
* **Enforcement Procedures:** The Association shall establish procedures for the enforcement of the Covenants.
* **Legal Action:** The Association shall have the right to take legal action to enforce the Covenants.

### 5. Amendments

5.1. The Covenants may be amended by a majority vote of the Owners of Lots within the Community.

### 6. Severability

6.1. If any provision of the Covenants is held to be invalid or unenforceable, such provision shall be struck from the Covenants and the remaining provisions shall remain in full force and effect.

### 7. Governing Law

7.1. The Covenants shall be governed by and construed in accordance with the laws of the [State].

### 8. Notices

8.1. All notices required or permitted hereunder shall be in writing and shall be deemed to have been duly given when delivered personally, sent by certified mail, return receipt requested, or sent by overnight courier service, addressed as follows:

* **If to the Declarant:**
    * [Declarant Address]
* **If to the Association:**
    * [Association Address]
* **If to an Owner:**
    * [Owner Address]

### 9. Binding Effect

9.1. The Covenants shall be binding upon and inure to the benefit of the Declarant, the Association, and the Owners of Lots within the Community, their successors and assigns.

### 10. Entire Agreement

10.1. This Declaration constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, representations, or agreements, whether oral or written.

### 11. Waiver

11.1. No waiver of any provision of the Covenants shall be effective unless in writing and signed by the party against whom enforcement is sought.

### 12. Exhibit A

12.1. Exhibit A, attached hereto, contains a legal description of the Property.

IN WITNESS WHEREOF, the parties have executed this Declaration as of the date first written above.

**[Developer Name]**

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

**[Name of the Association]**

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

### **Exhibit A**

**Legal Description of the Property**

[Insert Legal Description of the Property]

### **Table of Contents**

1. Introduction
2. Purpose
3. Definitions
4. Covenants
5. Amendments
6. Severability
7. Governing Law
8. Notices
9. Binding Effect
10. Entire Agreement
11. Waiver
12. Exhibit A

***

### 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](http://www.kenyalaw.org:8181/exist/kenyalex/actview.xql?actid=CAP.%20300)
- [FindLaw](https://www.findlaw.com/realestate/owning-a-home/ccrs.html)
- [Nolo](https://www.nolo.com/legal-encyclopedia/what-are-convenants-conditions-restrictions-ccrs-hoas.html)
- [Forbes](https://www.forbes.com/advisor/mortgages/covenants-conditions-and-restrictions/)

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

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

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