Thanks for all the info. from everyone about CC&Rs. I think most people are at least vaguely aware that CC&R's are likely a part of many if not most Condominium, PUD, and similar homogenous type developments. More pernicious are the CC&R's that are part of neighborhoods where all the houses are different, where the only way to discover them is to do a deed search. And even then it's no guarantee. I recently asked a title company rep to tell me if there were an CC&R's for a particular lot. The rep reported back to say there were none, when in fact there were some. Many CC&R's were recorded by the developer with well-meaning plans to also have architectural committees and other owners appointed to oversee compliance. As years pass, and the original developer and/or lot owners lose interest, die or move away, new owners are often ignorant of the CC&R's or don't care about following them for whatever reason. The risk to the new owner contemplating any type of remodeling, landscaping or decorating, is that one or more of the original owners are still around with an intimate knowledge of the CC&R rules-and cares enough to enforce them. Even a second or third generation owner can cause problems if he's aware of the CC&Rs and chooses to enforce them.
I'd be willing to bet that a large number of owner-builders have no idea of the mine-field that awaits them because of CC&Rs. And that the majority of the time these owners think that as long as they city or county approves their plans and issues a building permit, they are good to go. After all, that's why people get permits in the first place, to make sure everything complies with the "rules and regulations," right?
Sadly, it's not quite simple. Cities do not enforce CC&Rs but at the very least they should be warning owner-builders that they may have to comply with CC&Rs. Some municipalities do a better job of this than others. It would be very easy for each city planning department to remind applicants to check for CC&R compliance before submitting their plans. My city didn't do this, and I only discovered the CC&R violation after I'd spent about $4,000 on plans and permits. As I told the guy at the planning dept., my plans never should have gotten as far as they did if there was lurking CC&R violation. I didn't know about it, because I was ignorant and naive, but city planners are more knowledgeable, and should have a duty to advise applicants to check for CC&Rs.
So, here are the steps I'd recommend others following when applying for building permit:
1. Check for CC&Rs or other type of deed restrictions that might be on the property.
2. Apply for a building permit. Do not spend any money on plans until the planning Dept. approves the general concept of your building project.
