CC&Rs (Covenants, Conditions & Restrictions) are the legally binding rules that govern a homeowners association community. They control what owners can and cannot do with their property, including rental restrictions, pet policies, architectural changes, and use limitations.
If you are buying a condo, townhome, or any property in a planned community, CC&Rs are the single most important document you need to read. They are the master governing document for the HOA. They dictate your rights and obligations as an owner. And they are recorded with the county, which means they bind every future owner of the property.
Most buyers never read them. That is a mistake. CC&Rs determine whether you can rent your unit, what pets you can have, what changes you can make to your home, and whether your building qualifies for conventional financing.
What CC&Rs Cover
CC&Rs typically cover rental restrictions, pet policies, architectural modifications, use restrictions, assessment obligations, and enforcement procedures.
CC&Rs are comprehensive. They touch nearly every aspect of property ownership within the association. Here are the sections that matter most to buyers:
Rental Restrictions
Can you rent your unit? Short-term or long-term only? Minimum lease terms? Owner-occupancy ratio requirements?
Pet Policies
Breed restrictions, weight limits, number of pets allowed. Some associations ban certain animals entirely.
Architectural Controls
What changes require board approval. Exterior modifications, window coverings, flooring changes, balcony additions.
Use Restrictions
Commercial use prohibitions, noise rules, parking assignments, storage limitations, guest policies.
Assessment Obligations
How dues are set, special assessment rules, late fee policies, lien rights for unpaid assessments.
Insurance Requirements
What the HOA's master policy covers versus what each owner must insure individually.
CC&Rs are recorded with the county and run with the land. That means they are not just rules for the current owner. They bind every future owner automatically. When you buy the property, you agree to them whether you have read them or not.
Rental restrictions in CC&Rs are one of the most common surprises for buyers. Read our guide on whether an HOA can ban rentals after you buy for a detailed breakdown.
CC&Rs vs Bylaws vs Rules
CC&Rs are the master governing document recorded with the county. Bylaws govern HOA operations. Rules handle day-to-day policies.
HOAs have three layers of governing documents. They are not interchangeable, and they have a strict hierarchy.
Master Document
Recorded with the county. Controls property rights, rental rules, pet policies, and use restrictions. Hardest to change. Typically requires a 67-75% owner vote to amend.
Operating Procedures
Board elections, meeting requirements, officer duties, quorum rules. Governs how the HOA itself operates. Easier to amend than CC&Rs.
Day-to-Day Policies
Pool hours, guest policies, move-in procedures, noise quiet hours. Adopted by board vote. Easiest to change.
The hierarchy matters: CC&Rs outrank bylaws, and bylaws outrank rules. If a board-adopted rule conflicts with the CC&Rs, the CC&Rs win. This comes up frequently when boards try to impose rental restrictions through rules rather than going through the formal CC&R amendment process.
Why CC&Rs Matter When Buying a Condo
CC&Rs determine whether you can rent your unit, what pets you can have, and what changes you can make. They also affect financing eligibility.
Rental restrictions in CC&Rs directly affect your investment strategy and resale value. If the CC&Rs prohibit rentals or cap the percentage of rented units, that limits your options if you need to relocate and cannot sell immediately.
FHA, VA, Fannie Mae, and Freddie Mac all review CC&Rs as part of condo project approval. Owner-occupancy ratios, right of first refusal clauses, and litigation provisions in CC&Rs can make a building non-warrantable. That means conventional financing is unavailable, which shrinks the buyer pool and puts downward pressure on prices.
Some CC&Rs contain transfer restrictions or first right of refusal clauses that give the HOA the ability to approve or reject new buyers. These are less common in residential communities but show up in co-ops and some older condo associations.
Amendment history matters too. Check whether rental restrictions or other rules have been added recently. A building that just voted to ban short-term rentals may have ongoing disputes between owner-occupants and investors.
How to Review CC&Rs Before Buying
Request CC&Rs from the seller or HOA early in due diligence. Focus on rental rules, amendment history, and financing-related provisions.
Get the CC&Rs early. Do not wait until the 3-day HOA document review period. That window is too short to properly evaluate a document that could be 50-100 pages long. Request them from the seller or the HOA management company as soon as you are under contract.
Focus on these sections first: rental restrictions, pet policies, assessment limits, and amendment procedures. Then check for recently recorded amendments that may have changed the rules since the original CC&Rs were filed.
Look for the amendment approval threshold. If it takes 75% of owners to amend the CC&Rs, rules are relatively stable. If it only takes a simple majority, restrictions can change more easily after you buy.
Want a faster way to parse a long CC&R document? Upload it to our free CC&R analysis tool and get key sections extracted automatically.
Frequently Asked Questions
Can CC&Rs be changed after I buy?
Yes. Most CC&Rs can be amended with a supermajority vote of owners, typically 67-75%. This means rental restrictions, pet policies, and other rules can change after you purchase. Check the amendment procedures section of the CC&Rs to understand what percentage is required and whether any provisions are locked in permanently.
What happens if I violate CC&Rs?
The HOA can issue warnings, fines, and in some cases place liens on your property. Enforcement varies by association. Some HOAs are strict about every provision. Others rarely enforce. Check the meeting minutes for enforcement patterns before you buy.
Are CC&Rs the same as HOA rules?
No. CC&Rs are the master governing document recorded with the county and require a supermajority owner vote to change. HOA rules are day-to-day policies adopted by the board. CC&Rs outrank rules if they conflict.
Do CC&Rs affect my mortgage?
Yes. Lenders and agencies like Fannie Mae, FHA, and VA review CC&Rs for rental restrictions, owner-occupancy ratios, litigation clauses, and right of first refusal provisions. Restrictive CC&Rs can make a building non-warrantable, which disqualifies it from conventional financing.
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Disclaimer: This article is for educational purposes only and does not constitute legal, financial, or real estate advice. HOA documents, CC&R provisions, and lender criteria vary significantly by state, lender, and association. Consult a qualified professional for guidance specific to your situation.