CC&Rs — Covenants, Conditions & Restrictions — are the foundational legal document of an HOA. They're recorded with the county alongside the property deed, which is why they bind every future owner automatically, not just the original signers. Most homeowners never read theirs in full, which is understandable, but knowing the basic structure makes them much less intimidating when you actually need to check something.
Covenants
Covenants are promises or obligations — things owners agree to do or not do. Common covenants include paying assessments, maintaining your property to a certain standard, and not using your home for prohibited purposes (like certain commercial activity).
Conditions
Conditions are requirements tied to ownership itself — for example, a condition might state that if certain obligations aren't met, the association gains specific rights, like the ability to place a lien for unpaid assessments.
Restrictions
Restrictions are limits on what you can do with your property — architectural restrictions (approved colors, materials), use restrictions (no rentals under 30 days, no home businesses), and restrictions on things like fences, signage, or parking.
CC&Rs vs. bylaws vs. rules — what's the difference?
- CC&Rs — the foundational document, recorded against the property, hardest to change (usually requires a supermajority vote of all owners).
- Bylaws — govern how the association itself operates: board elections, meeting procedures, officer roles, quorum requirements. Also fairly hard to amend, but distinct from CC&Rs.
- Rules and regulations — day-to-day operational rules the board can typically adopt or change on its own, without a full owner vote, as long as they're consistent with the CC&Rs and bylaws. This is where things like pool hours, specific paint color lists, or parking permit procedures usually live.
Understanding this hierarchy matters because a rule that contradicts the CC&Rs is generally not enforceable — the CC&Rs win. If you're disputing a fine (see our guide on fighting fines), checking whether the "rule" you allegedly violated actually has a basis in the CC&Rs is one of the first things worth verifying.
What to actually look for when you read yours
- The specific use restrictions relevant to your plans (rentals, business use, pets)
- The assessment and collection process — what happens if you're late
- The architectural review requirements and process
- The amendment process — how hard is it to change these documents, and by what vote
- Any grandfather clauses that might apply to existing features on your property
Related: How HOA rules get changed · What is an HOA? · Find title & resale document services