CC&R’s or deed restrictions were first conceived in medieval England; they were promises made by a landowner that he would not use his land in a way that could be harmful to his neighbors. Usually it meant that he promised not to build a slaughterhouse or a soap factory or anything equally unpleasant.
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By the early 20th century, builders developed a desire not only to control the design of their subdivisions....{l}ater
municipalities began to require builders to incorporate HOAs in their plans submitted for approval.
CC&R’s are also referred to as adhesion contracts. These contracts do not allow for any of the usual negotiation – you either take it or leave it. The legal system has its own term for the CC&R’s; they are referred to as ‘reciprocal negative
encasements {a coffin is also an encasement}’. ... By purchasing a home in a planned development, you are assumed to have agreed to the adhesion contract whether or not the seller made full disclosure of its contents or implications. Sellers will try to withhold as much information as they can possibly get away with since the act of filing deed restrictions at the proper governmental department legally constitutes full, public disclosure.
When you move into your new purchase, you are now living in, and being governed by a corporation. Some constitutional rights and protections under U. S. law are not recognized in a private corporation. In America, the corporate form of government is as close as you can get to a total monarchy.
