CC&Rs

· 2 min read
CC&Rs (Covenants, Conditions & Restrictions) are the legally binding rules that govern what you can and can’t do with your property in an HOA community…

CC&Rs (Covenants, Conditions & Restrictions) are the legally binding rules that govern what you can and can’t do with your property in an HOA community — think of them as the constitution of your neighborhood.

They’re recorded with the county and run with the land, meaning every owner is bound by them regardless of whether they’ve actually read them. Spoiler: most people don’t read them until they get a violation notice for their “unauthorized” basketball hoop.

What CC&Rs Typically Cover

Architectural controls: exterior paint colors, roofing materials, fence styles, window treatments. Property use: no short-term rentals, no home businesses, no commercial vehicles in the driveway. Maintenance standards: lawn height, tree trimming, holiday decoration deadlines. Pet rules: breed restrictions, number limits, leash requirements.

Violating CC&Rs starts with a warning letter. Then fines — typically $25-$100 per day until you comply. An unpainted trim violation at $50/day becomes $1,500/month. Persistent violations can lead to a lien on your property. Some CC&Rs even allow the HOA to come onto your property and fix the violation themselves, then bill you.

Watch out: CC&Rs can be 50-100+ pages long and written in dense legal language. Before buying in any HOA community, read them completely — especially the sections on rental restrictions (if you might want to rent out the property later), architectural review processes, and fine schedules. Some CC&Rs prohibit renting entirely, which kills your exit strategy if you can’t sell.

Enforcement varies wildly between HOAs. Some are strict — sending violation letters within days. Others barely enforce anything until a board member with an agenda takes over and starts cracking down. The inconsistency itself can be a problem: selective enforcement of CC&Rs can be challenged in court, and some homeowners have successfully argued that years of non-enforcement effectively waived certain restrictions.

CC&Rs can be amended by a vote of the membership, but most require 67-75% approval — which is nearly impossible to achieve. So the rules you buy into are likely the rules you’ll live with. They do eventually expire (typically after 20-30 years) but are almost always renewed. Get a title report that includes the full CC&Rs before closing, and check the glossary for HOA-related terms.

Can CC&Rs be enforced if they seem unreasonable?

Generally yes, as long as they don’t violate federal or state law. Courts have upheld restrictions on satellite dishes, paint colors, and even garden decorations. However, CC&Rs that discriminate based on protected classes (race, religion, familial status) are unenforceable under the Fair Housing Act. If you believe a CC&R violates state law, consult a real estate attorney.