restrictive_covenant
Table of Contents
Restrictive Covenants (CC&Rs)
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
restrictive_covenant.txt · Last modified: by reidjs