Understanding CC&Rs: What They Say, What Overrides Them, and How They Change

CC&Rs (Covenants, Conditions & Restrictions) are the foundational legal document of an HOA. You'll also see them called the declaration, the master deed (common for condos), or simply the governing documents. They're recorded with the county alongside the property records, which is why they "run with the land": they bind every future owner automatically, whether or not that owner ever signed or read them.

Most homeowners never read theirs cover to cover, and that's understandable. They're long and written by lawyers. But knowing how they're organized, where they rank against other rules, and where their power stops makes them much easier to use when you need them: before you buy, before you renovate, or when a violation letter shows up.

The short version

CC&Rs are binding on every owner in the community, including owners who bought long after they were written.
They outrank the HOA's bylaws and rules. A board rule that contradicts the CC&Rs generally isn't enforceable.
They don't outrank the law. Federal and state law override any CC&R provision that conflicts with it.
They're hard to change, usually only by a supermajority vote of the owners, not by the board alone.
You can get a copy from your HOA or management company, from your county recorder's office, or in the resale packet when you buy.

Where to get a copy of your CC&Rs

Your HOA or management company. Many associations post governing documents on an owner portal. If not, ask the manager or board in writing.
The county recorder (or register of deeds). Because CC&Rs are recorded, the county has them, often searchable online by subdivision or community name. Make sure you also pull any recorded amendments, not just the original declaration.
The resale or disclosure packet. If you're buying, most states require the seller or association to provide the governing documents before closing. Your title company can help too.

What's actually inside

No two declarations are identical, but most follow a similar outline. Here's what you'll usually find, and why each part matters:

Definitions. Terms like "Lot," "Unit," "Common Area," and "Owner" are defined up front. These definitions control how every later section is read, so check them when a provision seems ambiguous.
Property description. What land the association covers, and which areas are common (owned or managed by the HOA) versus private.
Assessments and liens. Your obligation to pay dues and special assessments, how they're set, late fees and interest, and the association's right to place a lien for unpaid amounts. See understanding your HOA budget and special assessments explained.
Maintenance responsibilities. Who repairs what: roofs, fences, driveways, landscaping, exterior walls. In condos this section (often paired with the insurance section) decides who pays after water damage or a leak.
Use restrictions. Limits on rentals, home businesses, pets, parking, signs, noise, and similar. This is the section most people are looking for. See HOA rental restrictions and pets, parking and noise rules.
Architectural control. What changes to your home's exterior need approval, and how the review process works. See how architectural review works.
Insurance. What the association insures (often common areas, or the whole building in a condo) and what owners must insure themselves.
Enforcement. How violations are handled: notices, hearings, fines, and suspension of privileges. Many states add their own required steps on top of this.
Amendment. How the CC&Rs themselves can be changed, and by what vote.
Dispute resolution. Some declarations require mediation or arbitration before anyone can sue. See mediation and arbitration for HOA disputes.
Term or duration. Some CC&Rs run for a set number of years and renew automatically unless owners vote otherwise.

Covenants, conditions and restrictions: what the three words mean

Covenants are promises owners make, things you agree to do: pay assessments, maintain your home to the community's standard, follow the architectural process.
Conditions are requirements attached to ownership, and the consequences if they aren't met. For example, if assessments go unpaid, the association gains the right to charge late fees and record a lien.
Restrictions are limits on how you can use your property: approved colors and materials, rental minimums, fence heights, signage, parking.

In practice the document doesn't label each provision as one of the three. The phrase just describes the kinds of obligations it contains.

CC&Rs vs. bylaws vs. rules: which one wins?

An HOA usually has several governing documents, and they aren't equal. When they conflict, the higher one controls. From highest to lowest:

Federal and state law. Always first. No governing document can override it.
CC&Rs (the declaration). The foundational document, recorded against the property, and the hardest to change.
Articles of incorporation. The short filing that creates the association as a legal entity (most HOAs are nonprofit corporations).
Bylaws. How the association runs itself: board elections, meetings, officers, quorum, voting procedures.
Rules and regulations. Day-to-day rules the board can usually adopt or change on its own, such as pool hours, trash-can placement, or a list of approved paint colors, as long as they're consistent with everything above.

Some states write this order into law. California's Davis-Stirling Act does it in Civil Code §4205: the law prevails over the governing documents, the declaration over the articles, and the articles and declaration over the bylaws, with operating rules at the bottom. See our California HOA law guide. Where a state doesn't spell it out, courts generally apply the same order.

This hierarchy is one of the most useful things to know if you're disputing a fine. Check whether the "rule" you supposedly broke actually has a basis in the CC&Rs, or contradicts them. See how to fight HOA fines.

When a CC&R provision can't be enforced

Courts generally give recorded CC&Rs a lot of deference, since every owner took title subject to them. But there are real limits:

It conflicts with federal law. A few federal rules override HOA restrictions nationwide:
- Satellite dishes and antennas: the FCC's Over-the-Air Reception Devices rule (47 CFR §1.4000) bars HOA restrictions that unreasonably delay, prevent, or increase the cost of installing a satellite dish one meter or less in diameter, or a TV antenna, on property you own or control. Narrow safety and historic-preservation exceptions apply.
- The American flag: the federal Freedom to Display the American Flag Act of 2005 bars associations from preventing members from displaying the U.S. flag on property they own or have exclusive use of. Reasonable restrictions on time, place, and manner are still allowed.
- Fair housing: the Fair Housing Act prohibits discrimination in housing, and it applies to HOAs. That includes a duty to consider reasonable accommodation requests from residents with disabilities, such as exceptions to pet or parking rules.
It conflicts with state law. Many states protect specific things no matter what the CC&Rs say. Texas Property Code Chapter 202, for example, limits how associations can restrict flags, solar panels, rain barrels, religious displays, and more (see our Texas guide). California's solar protections mean an HOA can't effectively prohibit solar panels (see solar panels and EV chargers in an HOA). Check your state's HOA laws.
It's discriminatory. Older CC&Rs sometimes still contain racially restrictive covenants. The U.S. Supreme Court held in Shelley v. Kraemer (1948) that courts can't enforce them, and the Fair Housing Act of 1968 made them illegal. The language may still be in the recorded document, but it has no legal effect, and many states now have a simple process for associations or owners to strike it.
The association hasn't enforced it consistently. If a restriction has been ignored for years, or enforced against some owners but not others, owners may have a "selective enforcement" or "waiver" defense. These are fact-specific and not guaranteed, but they're worth raising.
The association didn't follow its own procedures. If the CC&Rs or state law require notice and a hearing before a fine, a fine issued without them may not stand.
It's genuinely ambiguous. When a provision can reasonably be read two ways, some courts read it in favor of the owner's free use of their property. Many courts also require restrictions to be reasonable, so a rule that's arbitrary or unrelated to any legitimate community purpose is more vulnerable than one with a clear reason behind it.

How CC&Rs get changed

Because CC&Rs bind every owner, changing them usually takes a vote of the owners, not just the board. The required vote is set in the declaration's amendment section, and it's usually a supermajority: two-thirds or 75% of all owners is common, and some older documents require even more. State law often fills in a default when the documents are silent. In Florida, for example, unless the governing documents say otherwise, an amendment requires the approval of two-thirds of the association's voting interests (Florida Statutes §720.306(1)(b)).

A few practical points:

Amendments usually have to be recorded with the county to take effect, and many states require the association to send owners a copy.
Some states let an association ask a court to approve an amendment that won majority support but fell just short of a very high supermajority threshold.
The board can usually change rules on its own, but not the CC&Rs. If the board announces a "new CC&R" without an owner vote, ask what authority it's relying on.

See how HOA rules get changed for the full process.

Buying a home? Read the CC&Rs before you close

Once you close, you're bound by the CC&Rs whether or not you read them, so the time to find a dealbreaker is before closing. Look especially for:

Rental limits (minimum lease terms, rental caps, or outright bans) if you might ever rent the home out
Pet restrictions on number, size, or breed
Parking rules for RVs, boats, work trucks, or street parking
Home business limits if you work from home with clients or deliveries
Architectural limits on the projects you're planning: fences, pools, additions, solar, paint colors
Maintenance splits, so you know what you'll pay for yourself versus what dues cover
Pending amendments: ask whether any changes are being voted on

See our full buying checklist for homes in an HOA.

What to look for when you read yours

The specific use restrictions that affect your plans (rentals, business use, pets, parking)
The assessment and collection process, and what happens if you're late
The architectural review requirements, including any deadline for the association to respond
Who maintains and insures what, especially in a condo
The enforcement process: notice, hearing, and fine amounts
The amendment process: how hard these documents are to change, and by what vote
Any recorded amendments that changed the original text
Grandfather clauses that may protect features already on your property

Frequently asked questions

Are CC&Rs legally binding if I never signed them?

Generally, yes. CC&Rs are recorded against the property, so when you bought, you took title subject to them, the same way you'd be subject to a recorded easement. Your title report or closing documents will usually reference them.

Can the HOA board change the CC&Rs without a vote?

Usually not. Amending the CC&Rs normally requires an owner vote at the percentage the declaration sets. The board can typically adopt or change rules and regulations on its own, but those must stay consistent with the CC&Rs. Some declarations let the board make narrow technical corrections, so check the amendment section of yours.

What happens when the CC&Rs and a board rule conflict?

The CC&Rs win. Rules sit below the CC&Rs and bylaws, so a rule that contradicts them is generally unenforceable.

My CC&Rs contain discriminatory language. Is it enforceable?

No. Racially restrictive and other discriminatory covenants are unenforceable under Shelley v. Kraemer and illegal under the Fair Housing Act. Many states now provide a process to formally remove the language from the recorded documents. Ask your board or a local attorney about your state's procedure.

Do CC&Rs ever expire?

Some do. Declarations often state a term (for example, 25 or 30 years) that renews automatically unless owners vote otherwise, and a few states have laws that affect very old restrictions. Check the "term" or "duration" section of your document.

Where can I get a copy of my CC&Rs?

Ask your HOA or management company, check your owner portal, or search your county recorder's records by your community's name. If you're buying, they should be in the resale or disclosure packet.

This article is for general education and isn't legal advice. CC&R structure and enforceability vary by state and by the specific document. For help interpreting your own governing documents, consult an attorney licensed in your state. See how to hire an HOA attorney.