In this video, I’ll discuss whether covenants, conditions, and restrictions—or, “CC&Rs”—on land expire.
The short answer is “yes”—if they say so. CC&Rs are often contained in documents titled “Declarations” that are prepared on behalf of the developer. These Declarations usually include language stating for how long the CC&Rs will last. These provisions can vary. I have often come across CC&Rs that state they will last for some period of time (such as 20 years) after they are recorded, and will then automatically renew at certain intervals (like 10 years) unless a certain percentage of the lot owners (or owners representing a certain percentage of the lots) vote to terminate the CC&Rs. The written approval of other parties—such as banks with mortgages on HOA lots—may also be required for CC&Rs to be terminated.
Therefore, homeowners wanting to know if and when their CC&Rs expire will need to look at the CC&Rs—as well as any amendments to the CC&Rs—to see whether those documents state when and how the CC&Rs can be terminated.
If the CC&Rs do not state any time or method of expiration, then State law may provide a maximum length of time CC&Rs can last. If there is no such State law, then the CC&Rs likely cannot legally expire.