Glossary · Legal & title
Covenants, Conditions & Restrictions (CC&Rs)
CC&Rs are covenants, conditions, and restrictions, the recorded rules that govern properties in a subdivision, condominium, or planned community. Typically created by a developer and enforced by a homeowners association, they regulate matters like architecture, landscaping, rentals, and pets. Because they are recorded and run with the land, CC&Rs bind current and future owners as a form of encumbrance.
Also known as: CC&Rs
How do CC&Rs work?
CC&Rs are recorded rules created by a developer and usually enforced by an HOA. They set standards owners must follow, from exterior colors to rentals. Because they are recorded and run with the land, they apply to whoever owns the property now and in the future.
CC&Rs are part of the community's governing documents, alongside bylaws and rules. They appear in the public record and typically surface in a title search.
Enforcement usually falls to the HOA, which can issue fines or take legal action against violations. Some CC&Rs also grant the association approval rights over changes.
Why do CC&Rs matter?
CC&Rs can meaningfully limit how you use your property, restricting things like exterior changes, rentals, parking, and pets. Violating them can bring fines or legal action. Reading them before buying helps you confirm the community's rules fit how you intend to live and use the home.
Because CC&Rs run with the land, you cannot simply ignore them after buying. They bind you the same way they bound the previous owner.
A rule against short-term rentals or certain pets can conflict with your plans, so reviewing the CC&Rs during due diligence is important.
What is the difference between CC&Rs and HOA bylaws?
CC&Rs are recorded restrictions on how owners may use their property, running with the land. Bylaws govern how the HOA itself operates, such as board elections, meetings, and voting. CC&Rs shape what you can do with your home; bylaws shape how the association is run.
Both are part of the governing documents, but they serve different roles. CC&Rs bind the property, while bylaws structure the organization managing the community.
Reviewing both gives a fuller picture. The CC&Rs tell you the property rules, and the bylaws show how decisions and enforcement happen.
How do you find a community's CC&Rs?
Because CC&Rs are recorded, you can find them in the county recorder's public records, and a title search will reference them. The HOA or its management company can also provide a copy, and sellers often must disclose them. Reviewing the CC&Rs before closing is a standard due-diligence step.
Ask for the full set of governing documents early, including CC&Rs, bylaws, and current rules. Reading them before you commit avoids surprises after closing.
Many states require sellers or HOAs to provide these documents and give buyers a window to review them. The exact disclosure rules vary by state.
Worked example. For example, a community's CC&Rs require HOA approval for exterior paint colors and ban short-term rentals under 30 days. A buyer who planned to list the home on a vacation-rental site reviews the CC&Rs before closing, learns of the ban, and reconsiders whether the property fits their goals.
Common mistakes with Covenants, Conditions & Restrictions
- Buying in an HOA community without reading the CC&Rs, then finding rules that block your plans.
- Assuming CC&Rs will not apply to you, when they run with the land and bind every owner.
- Confusing CC&Rs with bylaws, when one restricts property use and the other governs the association.
- Ignoring rental restrictions in the CC&Rs, which can prevent using the home as a short-term or investment rental.
- Overlooking that violating CC&Rs can bring fines or legal action from the HOA.
Homeowners Association (HOA)
An organization that governs a community, enforces rules, and collects dues for shared ame
Define TermEncumbrance
Any claim, lien, or restriction on a property that may affect its use or transfer.
Define TermCondominium
A privately owned unit within a larger building or community, with shared ownership of com
Define TermPlanned Unit Development (PUD)
A community where owners hold their individual lots and share ownership of common areas th
Define