covenants, conditions, and restrictions

Covenants, conditions, and restrictions, commonly called “ CC&Rs” are a set of rules governing the use of a certain piece of real estate in a given community.

• For example, a CC&R can regulate the fences around a house, the type of garbage cans allowed, and whether parties can open businesses in the community.
• CC&Rs often impose additional duties onto homeowners; in particular, many CC&Rs mandate that homeowners pay upkeep fees in the form of monthly dues.

They are usually enforced by a homeowners’ association (HOA), neighborhood associations, or the initial builders / developers of the community. CC&Rs are most frequently seen in planned communities or common interest developments such as condominium complex buildings, industrial parks, or private neighborhoods.

CC&Rs are usually recorded in the county clerk’s office and run with the land. In many cases, failure to record the CC&Rs will make those CC&Rs unenforceable. If the homeowner violates the recorded CC&Rs, the homeowner’s association or other overseeing entity can impose penalties.

[Last updated in July of 2022 by the Wex Definitions Team]

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