Explaining HOA Covenants, Conditions, and Restrictions (CCR’s) Simply Explained

Understanding Restrictive Covenants

When you’re searching for a new home, you likely have a list of must-haves in mind. But alongside those preferences, it’s just as important to know what rules may apply once you become a homeowner.

In many neighborhoods—particularly those with a homeowners association (HOA) or within a planned community—there are guidelines known as covenants, conditions, and restrictions (CC&Rs). These rules outline what homeowners can and cannot do with their property.

Some people view these covenants as helpful safeguards that maintain property values and protect the look and feel of a community. Others may find them limiting. Either way, understanding them before making an offer on a home is essential.

What Are Covenants?

In real estate, a covenant is simply an agreement tied to the land or property. These agreements can either:

• Restrict certain actions (negative covenants), such as prohibiting livestock on the property, or

• Require ongoing actions (positive covenants), such as maintaining a fence or shared driveway.

Because covenants often “run with the land,” future owners are also required to follow them. Typically, developers put these covenants in place when creating a community, and HOAs enforce them over time.

While they may feel restrictive at times, the intent is usually to preserve community standards and protect long-term property values.

A Historical Perspective

It’s important to acknowledge that restrictive covenants have a complicated past. For decades, they were used in discriminatory ways—particularly to exclude families based on race, religion, or national origin.

Although the Supreme Court declared these racial restrictions unenforceable in 1948 (Shelley v. Kraemer), and the Fair Housing Act of 1968 made such practices illegal, the language sometimes still lingers in old deeds. Today, these provisions cannot be enforced, but they remain a reminder of their historical impact.

Types of Covenants You May Encounter

Not all covenants look the same. Some of the most common examples include:

• Land and property use – Limits on fencing, outbuildings, or keeping livestock.

• Property appearance – Rules about paint colors, architectural styles, or exterior changes.

• Maintenance requirements – Expectations for lawn care and general upkeep.

• Occupancy limits – Restrictions on how many people can live in the home.

• Pet policies – Rules about the type, breed, or number of pets allowed.

• Business use – Prohibitions or restrictions on running a business from your home.

These guidelines are typically outlined in the neighborhood’s CC&Rs and are enforceable by the HOA.

How to Find a Community’s Covenants

If you’re considering buying a home in a neighborhood, it’s wise to review the CC&Rs in advance. You can:

• Ask your real estate agent if they have a copy,

• Request a title search from a real estate attorney or title company, or

• Check the public record at the local registry of deeds.

Enforcement and Challenges

HOAs usually oversee enforcement of covenants. Common methods include:

• Warnings – A notice to correct the issue,

• Fines – Financial penalties for ongoing violations,

• Legal action – In more serious cases, lawsuits or liens may be filed.

Enforcement must always be consistent, lawful, and non-discriminatory. Outdated or illegal covenants can be challenged in court.

Pros and Cons of Covenants

Potential Benefits:

• Protect property values by ensuring homes are well maintained.

• Prevent extreme or undesirable alterations to neighboring properties.

• Help preserve a community’s overall appearance and character.

Possible Drawbacks:

• May feel restrictive if you want to make changes to your home.

• Can require HOA approval for renovations.

• Risk of fines if rules are unknowingly broken.

Final Thoughts

Covenants, conditions, and restrictions are a common part of homeownership in many communities. While they can help protect the character and value of a neighborhood, they may also limit certain freedoms.

Before purchasing a home, take time to review the community’s CC&Rs carefully. Understanding these rules upfront will help you decide if the neighborhood is a good fit for your lifestyle and long-term plans.