Understanding CC&Rs and Deeds

In every community, the fine print matters — review before you commit

Deed restrictions, also known as Covenants, Conditions, and Restrictions (CC&Rs), can have a significant impact on how a property is used and, ultimately, on its value. These recorded documents give a Homeowners Association (HOA) the authority to oversee certain aspects of property use within a community. When purchasing in a development governed by CC&Rs, buyers agree to abide by these rules. Enforcement rights typically extend to the association, the collective property owners, and even individual homeowners. It’s essential for every buyer to review and understand the CC&Rs before committing to a purchase.

Resale Homes

In a resale transaction using the AAR Resale Contract, buyers have five days after receipt to review the CC&Rs.

New Construction

For new construction, the CC&Rs should be reviewed before signing a purchase contract with the builder.

Conditions, Covenants and Restrictions (CC&Rs)

Here are 22 topics that CC&Rs might regulate:
  • Building materials
  • Exterior colors
  • Whether you can park an RV, boat, or pick-up in your driveway
  • What you or your guests have to wear when you go to the pool
  • What types of for sale signs, for lease signs, and political signs, if any are allowed
  • What kinds of flags and banners you may display
  • Whether you may install playground equipment or a basketball goal
  • Mailbox type
  • Types of holiday decorations allowed
  • Required use of battery-powered lawn mowers rather than gasoline
  • What kinds of blinds or shades are acceptable
  • Rules about pets and other animals (for instance: no breeding for profit, no livestock, no unchained pets, and breeds). 
  • Procedure for sub-lease, if any is allowed
  • Fences and gates
  • Ages of visitors for what length of time (in a senior complex)
  • Noise ("quiet hours")
  • Use of remote-control airplanes and cars
  • Shutters, blinds, and curtains
  • Whether you may cut down a tree, plant a tree on your property, and planting varieties & quantities
  • Whether and how you can extend your patio or balcony
  • Whether and where you can barbecue
  • Regulations as to whether or not you may have an in-home business 

Is a Home in an HOA Right for You?

Before purchasing a home in a homeowners association (HOA), it’s important to understand that you’re not just buying a home—you’re buying into a community governed by specific rules, restrictions, and financial obligations. HOA fees, assessments, and regulations can impact your monthly budget and lifestyle. Review the HOA’s governing documents carefully, including covenants, conditions, and restrictions (CC&Rs), to ensure they align with your needs and expectations. Pay close attention to rules on parking, pets, exterior modifications, and rental policies. Unexpected assessments, disputes with the board, or poorly managed reserves can lead to additional costs down the road. Always request recent meeting minutes and financial statements before making your decision.