A binding promise or restriction in the CC&Rs that runs with the land and governs property use.
In real estate law, a covenant is a promise recorded in a deed or declaration that binds the property and all its future owners. Covenants in HOA documents can be affirmative (requiring owners to do something — maintain their lawn, pay dues, carry insurance) or restrictive (prohibiting something — no commercial vehicles, no exterior modifications without approval). Restrictive covenants are also called 'deed restrictions.' For a covenant to run with the land in most jurisdictions, it must be written, recorded, and intended to benefit and burden successive owners. Courts have invalidated some historical covenants (particularly racially discriminatory ones) as contrary to public policy under the Fair Housing Act.
Covenants in the CC&Rs are the legal teeth behind HOA enforcement. Violating a covenant — even unknowingly — can result in fines, injunctions, and legal fees.
CC&Rs
Covenants, Conditions, and Restrictions — the primary deed-recorded document governing what owners can and cannot do.
Deed Restriction
A limitation on property use written into the deed or CC&Rs and binding on all future owners.
Governing Documents
The complete set of legal documents that establish and regulate the HOA — CC&Rs, bylaws, rules, and the plat.
Declarant
The original developer or builder who created the HOA and recorded the CC&Rs.
LotWize handles covenant tracking automatically — along with violations, ARC requests, meeting minutes, and homeowner communications, all in one platform built for self-managed HOAs.
Start 14-Day Free TrialThis 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.