A homeowners association is put into place by the community developer before the initial sale of the homes. The Covenants, Conditions, and Restrictions (CC&Rs), also called the Declaration, is recorded in public records and sets forth the detailed rules of what might be called membership or property ownership within the community.
There is no need for a mutual agreement between a buyer and seller concerning the CC&Rs since they are legally defined as the so-called “run with the land” rules applicable to the property. In other words, if someone would like to buy the property, they are expected to be aware of the rules and buying it subject to whatever the restrictions are as contained in the CC&Rs. If an owner sells the encumbered land or home, he then ceases to be a member of the association, and the new owner will then become a member. All members must pay the association fees and conform to the association’s restrictions regardless of whether they have actual knowledge or are aware of these rules and fees.