CC&Rs

Covenants

• Promise
• Between owners
• Adjacent parcels
• Applies to current owners
• Applies to subsequent owners

Elements of Covenants

• Run with the land
• Touch and concern
• Recorded
• Written

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Creation of Covenants

• By Deed
• Declaration / CC&Rs
• Plat references
• Agreement

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Types of Communities

• Planned Communities (ORS 94)
• Condominiums (ORS 100)

Planned Communities

• Subdivision of lots
• Owners have obligations for common property or maintenance
• Association has authority to assess

Condominiums

• Units & Common Elements
• Reqs. approval by state
• Association with authority to assess
• Joint ownership interests

Governing Documents

• Declaration / CC&Rs
• Plat
• Bylaws
• Articles of Incorporation
• Rules & Regulations

Property Description

Use Restrictions

Architectural Restrictions

Leasing / Rental Restrictions

Satellite Dishes & Antennas

Easements

Parking

Signs

Right of Entry

Voting Rights

Assessment Authority

Lien Authority

Declarant / Developer Rights

Common Property

Enforcement

• Injunctive Relief
• Fines
• Restriction of access to common areas
• Monetary damages

Defenses to Enforcement

• Termination
• Changed Conditions
• Waiver, Estoppel
• Unequal Enforcement

Bylaws

Association Operations

• Owners elect board of directors
• Often professionally managed
• Directors have fiduciary duties toward owners

Bylaws

• Typically Recorded
• Low Threshold to Amend
• For Condos - Use Restrictions are Here

STATUTE OF FRAUDS

COVENANTS VS. ORDINANCES