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CC&R Disclosure Statement

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CC&R DISCLOSURE STATEMENT

Property Identification

Property Address:

Parties

Association / Recorded CC&Rs

Do Covenants, Conditions and Restrictions (CC&Rs) or an association document apply to the Property?

Assessments, Fees and Enforcement

Regular assessment amount: Frequency:

Are there pending or planned special assessments?

Association enforcement remedies (liens, fines, suspension of privileges) permitted by governing documents:

Restrictions and Use Limitations

Rental restrictions (leases, minimum lease term, percentage limit):

Pet restrictions:

Architectural review requirement (ARC approval required for improvements):

Parking, vehicle or commercial use restrictions:

Physical and Legal Conditions Affecting Use

Are there recorded easements affecting the Property?

Is the property subject to pending or threatened litigation related to the association or CC&Rs?

Maintenance, Utilities and Responsibilities

Describe maintenance responsibilities allocated between owner and association (common areas, exterior, landscaping, roof, etc.):

Seller Certification

By signing below, Seller certifies, under penalty of law applicable to declarations of this nature, that the information provided in this CC&R Disclosure Statement is true and correct to Seller's knowledge as of the date of signature and that Seller has disclosed known material restrictions, assessments, and pending enforcement actions arising from recorded CC&Rs or association governing documents affecting the Property.

Seller further acknowledges that delivery of this Statement does not amend or replace the recorded CC&Rs or other governing documents and that Buyer is advised and expected to rely upon review of the recorded documents for complete and current terms and conditions.

Buyer Acknowledgment

Buyer acknowledges receipt of this CC&R Disclosure Statement and that Buyer has had the opportunity to review the documented CC&Rs and association disclosures. Buyer understands that recorded governing documents govern the Property and that this Statement summarizes matters known to Seller at the time of signing.

Governing Law; Entire Statement

This CC&R Disclosure Statement shall be governed by the laws applicable to the jurisdiction in which the Property is located. This Statement constitutes the entire written disclosure of CC&R matters by Seller to Buyer and supersedes prior oral statements on the subjects herein.

Seller:

By:

Date:

Buyer:

By:

Date:

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What the CC&R Disclosure Statement Is and When It Applies

A CC&R Disclosure Statement summarizes the Covenants, Conditions, and Restrictions (CC&Rs) associated with a property, and notifies buyers and other stakeholders of homeowner association rules, assessments, and recorded encumbrances. It collects identifying property data, HOA contact details, applicable assessment schedules, and references to the recorded CC&R instrument. This statement is commonly used in residential real estate transactions to ensure purchasers receive material title-related information and to support clear allocation of rights and obligations tied to ownership.

Why a Clear CC&R Disclosure Statement Matters

A complete, accurate CC&R Disclosure Statement reduces closing delays, lowers title risk, and helps buyers understand ongoing community obligations.

Why a Clear CC&R Disclosure Statement Matters

Who Typically Prepares and Receives This Disclosure

Each party has a distinct role: sellers and HOAs provide facts, agents deliver documents, and buyers or title professionals evaluate obligations before closing.

  • Sellers and listing agents — prepare and provide disclosure during sale negotiations to meet contractual or state requirements.
  • HOA managers or board designees — supply recorded CC&R text, assessment details, and contact info for the association.
  • Buyers and title companies — review disclosures to assess covenants, restrictions, and potential title or lending impacts.

Critical Elements Every Professional CC&R Disclosure Should Include

A practical CC&R Disclosure Statement is concise but comprehensive: it cites the recorded instrument, summarizes restrictions, lists assessments, and identifies enforcement provisions so buyers can make informed decisions.

Recorded Reference

Recording county, book/page or instrument number, and recording date to link the disclosure to the official record.

HOA Identity

Full legal name of the association, mailing address, and authorized contact or agent for records and assessments.

Assessment Details

Current regular assessments, special assessments, delinquency policy, due dates, and how assessments are calculated.

Use Restrictions

High‑level summary of key covenants (architectural controls, leasing limits, pet rules) that materially affect ownership rights.

Enforcement Provisions

Remedies for violations, fine schedules, lien remedies, and foreclosure authority described plainly for buyers and lenders.

Attached Exhibits

List of attached documents (full CC&Rs, amendments, bylaws, budget, reserve study) and the location of originals.

Step-by-Step: Filling and Delivering a CC&R Disclosure Statement

Follow these core steps to complete the disclosure accurately and keep the transaction on track.

  • 01
    Gather records: Locate recorded CC&Rs and amendments before drafting.
  • 02
    Summarize: Extract material covenants and assessment data into the summary fields.
  • 03
    Attach exhibits: Attach full recorded documents and budgetary exhibits.
  • 04
    Deliver: Provide to buyer and title company per contract timing.

Setting Up an Online CC&R Disclosure Workflow

Configure a repeatable online workflow for faster, auditable delivery and secure attachments.

Field Configuration
Document template Use a master CC&R template with replaceable fields and required-field validation.
Signer order Set HOA agent then seller then buyer to capture legal attestations in sequence.
Authentication Enable email or SMS codes; use stronger auth for high-value or lender-required transactions.
Storage Archive final PDF and audit trail in cloud storage with restricted access.

Typical Delivery and Review Flow for CC&R Disclosures

A clear routing path ensures each stakeholder receives the disclosure and supporting exhibits in a timely, auditable way.

  • Prepare disclosure: HOA or seller compiles summary and attaches recorded documents.
  • Send to buyer: Deliver via secure link or email with tracking enabled.
  • Buyer review: Buyer or agent reviews and requests clarifications if needed.
  • Record or retain: Store final signed copy with title and closing records.

Technical Requirements for Digital Completion and Delivery

Choose a solution that provides audit trails, tamper-evident signed PDFs, and straightforward export for title and closing packages.

  • Supported formats: PDF and DOCX accepted; signed PDF/A preferred for long-term archiving.
  • Authentication: Email, SMS code, and optional KBA or SSO for higher assurance.
  • Integrations: Works with Salesforce, Google Workspace, NetSuite and common cloud storage providers.

eSignature Pricing and Feature Comparison for Completing CC&R Disclosures

Comparing common eSignature vendors helps choose appropriate security, compliance, and cost structure for CC&R workflows; signNow is listed first per vendor ordering rules.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies by plan Varies by plan Varies by plan Varies by plan
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes Varies Varies
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Real-World Examples of Using Digital CC&R Disclosures

Below are brief examples showing how organizations use digital signing and disclosures to speed transactions while maintaining records and compliance.

Martin Properties

Seller processes online disclosures for remote closings to eliminate in‑person steps.

  • Point: Mobile signing enabled quick turnaround.
  • Outcome: I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently.

Optica Ventures

Small investment firm standardizes CC&R summaries across properties for consistency.

  • Point: Template use reduced manual errors.
  • Outcome: The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers, improving turnaround on property reviews and due diligence.

Common Preparation Errors to Avoid

  • Failing to reference the recorded instrument correctly, which causes title search discrepancies and delays.
  • Omitting assessment or special assessment details, leaving buyers unaware of recurring or pending liabilities.
  • Attaching incomplete exhibits or wrong document versions that contradict the summary language in the statement.
  • Using inconsistent party names or unsigned attestations that undermine enforceability and lender acceptance.

Potential Risks and Consequences of Inaccurate Disclosures

Contract rescission: Buyer may seek rescission or damages.
Monetary liability: Claims for losses or closing costs.
Title defects: Insurance issues or lender objections.
Regulatory compliance: State disclosure statutes may impose remedies.
Closing delays: Missing or conflicting info stalls settlement.
Reputational harm: HOA or seller trust erosion with buyers.

Required Fields and Key Identifiers to Include

Property: Full street address
Recording: County and instrument number
HOA: Legal name and contact
Assessments: Amounts, frequency, due date
Attachments: List of exhibits and dates
Signature: Signer name and date

Frequently Asked Questions About CC&R Disclosures

Answers to common questions focus on timing, electronic signing, notarization, and correction steps to reduce closing friction.


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