Hi! My name is Greg George. I’m an attorney with Macomber Law. This video addresses the question, “Do CC&Rs Expire?”
Do Covenants, Conditions, and Restrictions Expire? The short answer is “yes”—but only if they say so.
What do I mean: only if they say so? Let me explain. CC&Rs are usually, although not always, included in a larger set of documents called “Declarations.” Declarations usually, although not always, include language stating how long the particular CC&Rs will last. Another way of saying this is that the Declarations usually will give an expiration date for the CC&Rs.
For example, I have seen CC&Rs that last 20 years, then automatically renew for 10 years unless a certain percentage of lot owners vote to terminate them. Written approval of other parties—like a bank with a mortgage on one of the HOA lots—may also be required to terminate CC&Rs.
Homeowners wanting to know if their CC&Rs expire should read their 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 unless owners vote to terminate them.
I hope you found this information helpful. Thanks for watching!