CC&Rs are A-OK

Editor's note: Many new area housing developments include Covenants, Conditions and Restrictions. This is the second of a three-part series exploring CC&Rs. This week looks at perceived advantages of CC&Rs. Last week explained what they are and next week's final installment examines the negative aspects of CC&Rs.Jerry Annis moved to Del Webb's Sun City Lincoln Hills development because the homeowners' association stric-tly enforces its Covenants, Conditions and Restrictions."When I retired, I wanted to settle down and enjoy life," he said about retiring from being owner, publisher and editor of Santa Cruz News and Santa Cruz Record in Santa Cruz. "I didn't want to spend time fighting with my neighbors."Annis recalled the city of Santa Cruz did not enforce all of its rules and regulations, particularly the one stating how long vehicles are allowed to remain parked on the street. Annis and his neighbors constantly complained to city officials about the problem. When the city finally responded, officials discovered people were living in the vehicle."If they had had CC&Rs, that probably wouldn't have happened," Annis said.In the case of Sun City Lincoln Hills, Annis pointed out that CC&Rs prohibit vehicles parking on the streets overnight. They have to be parked in the driveway.Having cars parked on the street detracts from the neighborhood's overall appearance, Annis said. He also takes exception to residents who work on their cars."I don't want someone dropping an engine or pulling a transmission, and then just leaving the car parked there," Annis said.With CC&Rs, homeowners have a tool to prevent such an incident from ever happening."It's tough telling your neighbor that he can't do something," Annis said."Most people don't like to rat on their neighbors," added Vic Freeman, a Realtor who worked with a development company for years before retiring to Sun City.With a homeowners' association, people have a special committee that makes sure residents follow regulations."In Lincoln Hills, we have an architectural review board and a compliance committee," Freeman said. "We also have a gal who is a compliance officer who checks on reported violations."When people are found not to be in compliance with certain rules, they can request a hearing before the association board, Freeman said. If residents are still found to be in violation and they don't want to correct it, the board can fine the property owner."If they don't pay the fine, we (the homeowners' association) have the power to put a lien on their property," Freeman said. "It's very rare if it ever comes down to that; maybe 1/10 of 1 percent."Freeman was somewhat familiar with CC&Rs before he moved to Lincoln."Years ago I used to live in a community that had CC&Rs," Freeman said, referring to the town of Benicia. "We had four kids and they each had a car. The CC&Rs said we could not park that many cars on the street in front of our home. I said then I would never again live in a community like that."Now that he is retired and living in Lincoln, Freeman likes CC&Rs."I'm at a different stage in my life," Freeman said. When he lived in Benicia, it was important that he had enough parking for all of his children's vehicles. Now that his children are all grown, Freeman likes CC&Rs because it helps maintain good aesthetics and helps increase property values.Joe Mondzak said he specifically moved to the Lincoln retirement community because it has a good set of CC&Rs."We knew what we were getting into," Mondzak said, adding he does not understand why people complain about them because they, too, should have known before they bought their home.Annis said he also is puzzled by people who complain about the CC&Rs after they move into the development. "Our CC&Rs are like well-written ordinances of a city," Annis said. "The big difference is in enforcement. Everyone receives a copy of all documents and it never ceases to amaze me when people buy a home here and then proceed to ignore the rules written for the protection of all."It is like buying a car and then wanting to disobey the state laws of the road," he added.Annis admitted he likes living in Sun City Lincoln Hills because the homeowners' association enforces the CC&Rs. He's seen some smaller homeowners' associations that do not enforce all of the rules. That's because they do not have the personnel it requires to stay on top of everything, he said.Annis said the vast majority of Sun City Lincoln Hills' residents agree with the group's CC&Rs and other governing documents. "Indeed, many moved here because of these CC&Rs, and they want to live in a community where the environment is controlled and the rules enforced," Annis said. "Most residents want the CC&Rs adhered too, as evidenced by our beautiful buildings and grounds. To do otherwise, in my opinion, invites the possibility of a declining neighborhood."Carole McCarthy, executive director for the Sun City Lincoln Hills community association, said another big reason why people like CC&Rs is because it protects property values."They also set the standards for the community," she said.Homeowners' associations can do some things cities cannot do, in terms of enforcement, Annis added. Many cities have leash ordinances for pets, but many times those regulations are not enforced. In Sun City Lincoln Hills, pet regulations are stringently enforced.As an example, he noted the homeowners' association recently raised its fine from $25 to $250 for people who walk their dogs without a leash or who fail to pick up the messes of their animals."That pretty much took care of the problem," Annis said.Also, contrary to public opinion, CC&Rs are not forever cast in stone. Since Annis moved to Sun City Lincoln Hills five years ago, he's seen three changes.One involved the placement of American flags on flagpoles in people's front yards. Before 9/11 they could not do it, but now they can.The second dealt with television satellite dishes. Small dishes are now allowed.The third involved political signs. Several years ago, Annis said they were not allowed to put political signs in their front yard. Now they can.It's possible that homeowners' associations can grant variances to existing regulations, Annis said, but it sets a dangerous precedent. As an example, he said Sun City Lincoln Hills CC&Rs prohibit statues taller than 6 feet in backyards.If a variance is granted to allow a 6-foot-2-inch statue, what happens when someone wants a variance for a 6-foot-3 statue or higher?"Where do you draw the line?" Annis asked.The best reason to have CC&Rs, McCarthy said, is so people can live in a community that shows respect for its residents.CC&Rs simply are rules, Mondzak said. And rules are like laws, which create order, he added."In short, CC&Rs are written and enforced for the benefit of all residents," Annis said. "CC&Rs do not infringe on individual freedoms because the resident has the right not to purchase property in an association community." - Richard Myers can be reached at richardm@goldcountrymedia.com