CC&Rs

Legal

Covenants, Conditions, and Restrictions — the primary deed-recorded document governing what owners can and cannot do.

Definition

CC&Rs (Covenants, Conditions, and Restrictions) are the foundational legal document of any HOA community. They are recorded in the county land records and run with the land — meaning they bind every future owner of every lot or unit in the community, not just the person who signed them. CC&Rs define the community boundaries, establish the HOA as a legal entity, grant it authority to collect assessments and enforce rules, restrict how properties may be used (no commercial use, no unapproved exterior changes), and establish architectural standards. They also describe what constitutes common area versus individual ownership. CC&Rs cannot be changed by the board alone — amendment typically requires a supermajority of all members.

Why It Matters for HOA Boards

CC&Rs are legally binding on every owner regardless of whether they have read them. Violations can result in fines, legal action, and forced compliance. Every buyer should receive and review the CC&Rs before closing.

Frequently Asked Questions

Are CC&Rs the same as bylaws?

No. CC&Rs are recorded deed restrictions that run with the land and govern property use. Bylaws govern the internal operations of the HOA as an organization — how meetings are run, how elections work, officer duties. Both are part of the governing documents.

Can CC&Rs be amended?

Yes, but it requires a supermajority vote of all members — typically two-thirds to three-fourths. Some CC&Rs also require approval by first mortgage holders on a percentage of units.

Related Terms

Bylaws

The document governing the HOA's internal operations — meetings, elections, officer duties, and board procedures.

Governing Documents

The complete set of legal documents that establish and regulate the HOA — CC&Rs, bylaws, rules, and the plat.

Deed Restriction

A limitation on property use written into the deed or CC&Rs and binding on all future owners.

Amendment

A formal change to the HOA's governing documents, requiring a member vote to ratify.

Covenant

A binding promise or restriction in the CC&Rs that runs with the land and governs property use.

Managing all this manually?

LotWize handles cc&rs tracking automatically — along with violations, ARC requests, meeting minutes, and homeowner communications, all in one platform built for self-managed HOAs.

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This page provides general information only — not legal or financial advice. HOA laws vary by state and community. Always consult your governing documents and an HOA attorney for guidance specific to your situation.