Restrictive covenants, commonly called CC&Rs (Covenants, Conditions, and Restrictions), are private restrictions placed on real property that limit how the property may be used.
Key Characteristics
Create private land-use controls
Are non-possessory rights
Run with the land
Bind current and future owners
Enforced by homeowners’ associations (HOAs) or affected owners
Common CC&R Restrictions
Architectural standards
Use limitations (residential vs. commercial)
Pet restrictions
Rental limitations
Parking rules
CC&Rs vs Public Controls
CC&Rs
Private agreements
Enforced by HOAs or owners
More restrictive rule usually prevails
Zoning Laws
Public controls
Enforced by government
Must comply with both zoning and CC&Rs
How CC&Rs Are Created
Recorded in the deed or subdivision map
Established by developers
Accepted by buyers when purchasing property
Termination or Change
Expiration date
Amendment by required owner vote
Court action
Merger
Exam Tip
CC&Rs affect use, not ownership
When CC&Rs conflict with zoning, the more restrictive rule applies