Step 16: HOA Documents or CC&R’s (Conditions, Covenants & Restrictions)

Some Single Family Homes, especially newer homes may be part of a HOA “Home Owners Association”. HOAs are meant to keep communities looking consistent and uniform and they do this through CC&Rs which ate Conditions, Covenants, & Restrictions. CC&Rs are rules that owners in a community must abide by. 

Just like with condominium/association documents, buyers will receive a chance to review the HOA documents/CC&Rs. Once in contract the seller is responsible to order and pay for a current set of the Home Owner Association Documents. This set of documents may include similar documents to the ones received in Step 15. 

• Approved Minutes of the last three (3) Board of
• Directors Meeting
• Copy of any and all pending litigation complaints filed by or against the Owner’s Association and/or its directors that are currently unresolved
• Covenants, Conditions and Restrictions (CC&Rs)
• Current Financial Statement
• Current and/or Proposed Budget
• Design Standards and/or Guidelines
• Insurance Summary
• Lender’s Disclosures
• Minutes of the last Annual Meeting
• Planned Community Documents
• Project Information Form RR105c
• Reserve Study or Summary
• Subdivision and/or title documents

Per the Purchase Contract: 

“If the residential real property is otherwise subject to restrictions or conditions on use, either because of covenants contained in the deed for the property or because of another recorded document, the disclosure shall also include all documentation relating to any restrictions or conditions, including but not limited to any unrecorded rules or guidelines that may have been issued by any entity responsible for enforcing those restrictions or guidelines in a manner consistent with and subject to the seller's duty of good faith as provided for under section 508D-9. Examples of “restrictions or conditions on use” may include, yet are not limited to: Easements; Encroachment Agreements; Covenants, Conditions and Restrictions (CC&Rs); and any other encumbrances that will remain on title after closing”

Previous, Step 15: Condo/Home Owner Association Documents (Condo's Only)

Next, Step 17: Seller's Disclosure Statement

Steps to Buying a Home

HAWAII STARTS HERE | JOE CASTANEDA (R)

Joe is a realtor with Better Homes and Gardens Real Estate Advantage Realty. He majored in finance and has experience as a former mortgage loan originator. He has helped buyers both with new project loans and going through the process of applying and obtaining units in new projects. He uses his finance, mortgage, and real estate knowledge to help home buyers find the right properties to fit their needs. Contact Joe by phone or email at (808) 351-8394 or JoeC@BetterHawaii.com.