Are CC&Rs legally enforceable?

Generally yes, when they were properly recorded and the restriction is lawful and reasonable. Courts will not enforce terms that violate state or federal law.

Can the board change the CC&Rs?

Usually not on its own. Most CC&Rs require an owner vote at a percentage stated in the document, and the amendment must be recorded. Boards typically can change rules but not the declaration.

Where can I find my CC&Rs?

Check your closing package, ask the association or management company, or request a copy from the county recorder or register of deeds where the community is recorded.

What is the difference between CC&Rs and HOA rules?

CC&Rs are recorded and bind the land. Rules are adopted by the board under the CC&Rs, can usually be changed more easily, and cannot contradict the declaration.

HOA Glossary

CC&Rs: Covenants, Conditions and Restrictions

CC&Rs, short for covenants, conditions and restrictions, are the recorded legal rules that run with the land in a planned community. They set use restrictions, maintenance duties and the obligation to pay assessments, and they bind every owner, current and future, who buys a property in the community.

What CC&Rs are

CC&Rs are the foundation of an HOA's authority. A developer typically records them in the county land records before homes are sold, so anyone who buys a lot takes it subject to those terms. That is why they bind later buyers who never signed them, and why a buyer should read them before closing.

The document may also be called the declaration, the declaration of covenants, or the master deed in some condominium regimes.

Reading the CC&Rs before buying is one of the most useful steps a buyer can take. Look for rental limits, pet and vehicle restrictions, architectural approval rules and the current assessment structure, because these affect how you can use the home and what it will cost to own. If a provision is unclear, ask the association or an attorney how it has been interpreted in practice.

What CC&Rs usually cover

Every community's CC&Rs are different, but they commonly address the topics below.

Land use: single-family only, home business limits, rental or leasing rules.
Architectural standards: approvals for fences, exterior colors, additions and landscaping.
Maintenance: what the association maintains and what each owner maintains.
Assessments: the duty to pay regular and special assessments and the lien that secures them.
Association powers: authority to adopt rules, levy fines where allowed and enforce the documents.
Insurance, easements and amendment procedures.

CC&Rs, bylaws and rules

CC&Rs differ from bylaws, which govern how the association itself runs, such as board elections and meetings, and from rules and regulations, which are narrower policies a board adopts under the CC&Rs. When documents conflict, the recorded declaration generally ranks highest, but the order of precedence is set by the documents and state law. California's Civil Code treats the declaration along with bylaws, articles and operating rules as the association's governing documents (Civil Code section 4150).

Some CC&Rs also include a provision for the declarant, meaning the developer, that gives the developer special rights during the early years of a community, such as control of the board until a set number of homes are sold. Those rights usually end at a transition point stated in the documents or required by state law.

Enforcement and changes

Boards enforce CC&Rs through notices, hearings, fines where authorized, and, as a last resort, legal action. Courts generally enforce recorded restrictions that are reasonable, applied consistently and consistent with law, so selective enforcement is a real risk for a board.

Amending CC&Rs usually requires a vote of the owners by a percentage set in the document and recording of the amendment with the county. Michigan condominiums do not typically use the term CC&Rs; their equivalent is the master deed with recorded bylaws attached, under the Condominium Act (MCL 559.108 and 559.153). Ask an attorney before relying on any amendment or enforcement action.

This entry is general information, not legal advice. Laws and governing documents vary; ask your association's attorney about your situation.

FAQ