Legal Definitions - covenants, conditions, and restrictions

Covenants, conditions, and restrictions (CC&Rs) are rules that govern the use of a specific piece of real estate in a particular community. They are often enforced by a homeowners' association (HOA), neighborhood association, or the initial builders/developers of the community. CC&Rs are most commonly found in planned communities or common interest developments such as condominium complexes, industrial parks, or private neighborhoods.

CC&Rs can regulate a variety of things, such as:

• The type of fences allowed around a house
• The type of garbage cans allowed
• Whether parties can be held in the community
• Whether businesses can be opened in the community

CC&Rs can also impose additional duties on homeowners, such as paying monthly dues for upkeep fees.

CC&Rs are usually recorded in the county clerk's office and run with the land. This means that they are binding on all future owners of the property. If a homeowner violates the recorded CC&Rs, the HOA or other overseeing entity can impose penalties.

For example, if a CC&R states that homeowners cannot park their cars on the street overnight, and a homeowner violates this rule, the HOA may impose a fine or other penalty.