What is a 'covenant, condition, and restriction' (CC&R) and how does it affect a property buyer?

CC&Rs (Covenants, Conditions, and Restrictions) are private land-use restrictions that: RUN WITH THE LAND — bind all subsequent owners, not just the current owner; are typically found in HOA planned communities, subdivision plats, or deed restrictions; may include: USE RESTRICTIONS (no commercial use, no short-term rentals, no RV parking); ARCHITECTURAL CONTROLS (must get HOA approval for exterior modifications); MAINTENANCE REQUIREMENTS (must maintain landscaping); HOA MEMBERSHIP (automatic membership and dues obligations).

Buyer implications: CC&Rs can significantly limit what the buyer can do with the property — must review before closing; CC&R violations can result in HOA fines or court-ordered compliance. Agents must provide CC&R documents to buyers as part of disclosure obligations in most states. Violations of HOA CC&Rs discovered after purchase can create unexpected costs and conflicts.