Covenants, conditions, and restrictions (CC&Rs) are limitations and rules placed on a group of homes by a builder, developer, neighborhood association and/or homeowner association. They are legally enforceable contracts often used to regulate the usage of buildings or neighborhoods governed by a homeowners’ association.
Cabrillo Estates is comprised of four tracts, all of which have been or are subject to CC&Rs. Tracts 306, 307 and 310 were all recorded in the mid-sixties to seventies while tract 1342 was not recorded until 1989. For tracts 306, 307 and 310, the CC&Rs were written with a twenty-five-year expiration horizon and all have expired. The 1342 CC&Rs were written in 1989 with a fifty-nine-year horizon; they will expire in 2048 and can be renewed.
Can we renew our CC&Rs?
Once CC&Rs have expired, they cannot be renewed, but new CC&Rs may be adopted. Essentially, the new CC&Rs would represent a voluntary contract among property owners who mutually agree to be bound by whatever conditions might be included. In 2010, a special CEPOA committee put a good deal of effort into developing a proposal for revised and updated version of CC&Rs for tracts 306, 307, and 310. The proposal was sent to all property owners as the first step of what was envisioned as a reiterative feedback-revision process. According to one committee member, "an anonymous party sent a threatening email and the Board aborted the entire process." At any rate, the efforts to adopt new CC&Rs are currently on hold. References