What is a CC&R, and where is it recorded?

A CC&R is a set of covenants, conditions and restrictions that a developer or an association records against the lots in a subdivision. It is a deed restriction that runs with the land: it binds every later owner whether or not they read it. The document is recorded at the county recorder or auditor, where anyone can look it up by recording number.

What a declaration usually says

Most CC&Rs are titled "Declaration of Covenants, Conditions and Restrictions" or "Protective Covenants". A typical one has a legal description of the lots it binds, use restrictions (dwellings, business use, leasing, animals, vehicles), building rules (setbacks, height, materials, fences), an architectural review process, and, when there is an association, its powers, dues and enforcement rights. Amendments are recorded later as separate documents.

What to check before you buy

1. Find every recorded document that binds the parcel: the declaration, its amendments and any supplemental declarations for later phases.
2. Read the recorded copy. A summary from a listing or a management company can be out of date.
3. Note the recording number and date of each document for your file.

Where the law comes in

In Washington, recording at the county gives notice to every later buyer. Chapter 64.90 RCW governs associations formed under a declaration and how the declaration is amended. The recorded text controls over a website, a newsletter or a verbal assurance.