JurisDraft

Litigation & Court Documents

HOA Covenants and CC&Rs: What Buyers Should Check Before Closing

A property's HOA rules can restrict what you can do with it just as much as any zoning ordinance — and most buyers never read them.

5 min read

Covenants, Conditions & Restrictions (CC&Rs) are the rules an HOA enforces on every property in its community — and they can restrict everything from paint colors to whether you can rent the property out. Most buyers skim them, if they read them at all.

Rental restrictions can affect your plans significantly

Some HOAs cap the number of rental units allowed in the community or ban short-term rentals entirely — a critical detail for anyone planning to buy as an investment property or eventually rent it out.

Assessments and special assessments

Beyond regular dues, HOAs can levy special assessments for unexpected repairs or improvements — reviewing recent meeting minutes and reserve fund reports can reveal whether a large assessment is likely on the horizon.

Enforcement and fine structures

CC&Rs typically include enforcement mechanisms — fines, liens, and in some cases the ability to force compliance through court action — for violations as minor as an unapproved fence or an overgrown lawn.

Getting them reviewed before you're locked in

Because CC&Rs are recorded against the property and bind future owners, having them reviewed during your due diligence period — while you can still walk away — is far better than discovering a dealbreaker restriction after closing.

Need this handled?

Real Estate Docs

Real estate agreements, disputes, and closing-related documents.