Covenant

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.