Covenants, Conditions, and Restrictions (CC&Rs) Explained

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Covenants, Conditions, and Restrictions—commonly called CC&Rs—are rules that govern how a property may be used and maintained. They are legally recorded documents that “run with the land,” meaning they apply to the property regardless of who owns it. Buyers should understand CC&Rs clearly before closing, because they can affect daily living, future plans, and resale value.

What CC&Rs Are

CC&Rs are recorded private restrictions placed on property by a developer, homeowners association (HOA), or sometimes a group of property owners. They are designed to create uniform standards within a subdivision or community.

Unlike city or county laws, CC&Rs are:

Private (not governmental)
Recorded against the property
Enforceable through civil remedies
Binding on future owners

Where CC&Rs Come From

CC&Rs are typically created when land is subdivided or a planned community is developed. Common sources include:

Residential subdivisions
Planned unit developments (PUDs)
Townhome and condominium projects
Gated or amenity-based communities

Once recorded, CC&Rs become part of the property’s title record and are usually referenced as exceptions in the title commitment.

What “Covenants,” “Conditions,” and “Restrictions” Mean

Covenants

Covenants are promises or obligations related to the use or maintenance of the property. Examples include:

Maintaining landscaping or exterior appearance
Paying HOA dues
Following architectural guidelines

Conditions

Conditions describe circumstances that must exist or be met for certain rights to apply. Examples include:

Conditions for using common areas or amenities
Conditions under which enforcement actions may occur

Restrictions

Restrictions limit what owners can do with their property. Examples include:

Limits on rentals or short-term rentals
Restrictions on parking or vehicle types
Prohibitions on certain structures or uses

Common CC&R Provisions Buyers Should Review

While every set of CC&Rs is different, buyers commonly encounter rules related to:

Use restrictions: residential-only use, home-based business limits
Rental restrictions: minimum lease terms, caps, or outright bans
Architectural control: approval required for exterior changes
Parking rules: RVs, trailers, commercial vehicles
Animals: number, type, or size of pets
Fencing and outbuildings: materials, height, location
Maintenance standards: lawns, exterior appearance
Assessments: regular dues and special assessments

How CC&Rs Affect Buyers Day-to-Day

CC&Rs can have a real impact on lifestyle. Buyers should consider:

Whether they can park desired vehicles at the property
Whether future plans (renting, adding structures, remodeling) are allowed
Whether pets or livestock are permitted
Whether the community enforces rules actively

A property that looks ideal may become frustrating if CC&Rs conflict with how a buyer intends to live.

Enforcement of CC&Rs

CC&Rs are typically enforced by:

A homeowners association (if one exists)
An architectural review committee
In some cases, neighboring property owners

Enforcement tools may include:

Violation notices
Fines or penalties
Loss of amenity access
Legal action in serious cases

Buyers should understand that enforcement intensity varies widely by community.

CC&Rs vs. City or County Regulations

CC&Rs are separate from zoning laws and building codes:

Zoning: government regulation of land use
Building codes: safety and construction standards
CC&Rs: private restrictions layered on top

A use may be allowed by zoning but prohibited by CC&Rs. Buyers must comply with both.

How CC&Rs Appear in the Buying Process

Buyers typically encounter CC&Rs through:

Seller disclosures
HOA resale or disclosure packages
Title commitment exceptions

Reviewing CC&Rs during the inspection or due diligence period is critical. Once closing occurs, buyers are generally bound by them whether they read them or not.

Can CC&Rs Be Changed or Removed?

Sometimes—but rarely easily. Amendments usually require:

Approval by a specified percentage of owners
Formal recording of amendments
Compliance with existing amendment procedures

Buyers should assume CC&Rs will remain in effect long-term and make purchase decisions accordingly.

Key Buyer Takeaways

CC&Rs are legally binding property restrictions
They affect use, appearance, and sometimes finances
They remain in force after closing
Not reading them does not remove obligation
Conflicts with lifestyle plans should be addressed before closing

Questions About CC&Rs on a Property?

CC&Rs can be dense and technical. If you want help understanding how specific restrictions apply to a property—or whether they conflict with your plans—we’ll help you review them and identify red flags before you close.

Contact a Two70 Agent

Note: This page is educational and not legal advice. Interpretation and enforcement of CC&Rs may vary.

FAQ

Are CC&Rs the same as HOA rules?

CC&Rs are the foundational recorded rules. HOAs may also have separate rules and policies adopted under the CC&Rs.

Can I ignore CC&Rs if no one enforces them?

No. Lack of enforcement today does not eliminate the right to enforce later.

Do CC&Rs affect resale?

Yes. Restrictive CC&Rs can limit buyer pools, while reasonable ones may protect neighborhood value.

Where can I find the CC&Rs for a property?

They are typically provided through disclosures, HOA documents, or the title commitment.