What are HOA CC&Rs?
CC&Rs, the declaration of covenants, conditions, and restrictions, are the recorded legal document that creates a homeowners association and binds every property in the community. They define what the association maintains, how assessments work, and what owners can and can’t do with their homes.
Because CC&Rs are recorded and run with the land, they’re harder to change than rules and must comply with state law. Most communities only amend them, rather than write new ones, and almost always with an attorney.
What to include
- Definitions and the property covered
- Creation of the association and membership
- Assessments, liens, and collection
- Use restrictions: residential use, leasing, pets, parking
- Architectural control
- Maintenance responsibilities: owner vs. association
- Insurance requirements
- Enforcement, amendments, and duration
Template preview
Fill in the [highlighted] fields[This sample is for reference only and is not legal advice. Have an attorney licensed in your state review and adapt it before use.]
Defines terms such as Association, Board, Common Area, Lot or Unit, Owner, and Governing Documents.
Describes the land covered: [legal description, attached as Exhibit A].
Creates [Association Name] and makes every owner a member, with voting rights as set in the Bylaws.
Covenant to pay regular and special assessments; how they are set and allocated; late fees and interest; the Association’s lien and collection rights, as permitted by [State] law.
- Residential use only, with limits on home businesses
- Leasing: [minimum term, caps, registration]
- Pets, parking, signs, nuisances, and trash
No exterior changes without written approval of the Architectural Review Committee under published guidelines.
Association maintains [common areas and listed components]; owners maintain [their lots, homes, and listed items].
Association insurance for common areas and liability; owner insurance requirements.
Easements for utilities, access, maintenance, and encroachments.
Notice, hearing, fines, suspension of privileges, and legal remedies, as permitted by law.
May be amended by owners holding [percent]% of the votes, effective when recorded. Runs with the land for [term] and renews automatically.
Tips for using this template
If your community already has recorded CC&Rs, amend them rather than replacing them.
Most declarations require a supermajority of owners and recording with the county.
Many states override CC&R provisions on topics like solar, flags, and leasing.
Frequently asked questions
What is the difference between CC&Rs and bylaws?
CC&Rs govern the property and owners’ obligations and are recorded. Bylaws govern how the association runs as an organization.
How do you amend CC&Rs?
Follow the amendment article in your declaration, usually a vote of a supermajority of owners, then record the amendment with the county.
Can an HOA enforce CC&Rs that conflict with state law?
Generally no. State law overrides conflicting provisions.