How Do I Find CC&Rs for My Property?

Understanding your rights and restrictions as a property owner starts with knowing what governs your home beyond state law and city zoning.

For millions of Americans, those rules are shaped not by public ordinance but by private agreements known as Covenants, Conditions, and Restrictions, or CC&Rs.

These documents form the legal backbone of every homeowner's association (HOA), and they can directly influence everything from the color of your front door to whether you’re allowed to rent out your property.

Yet for something so pivotal, CC&Rs are often misunderstood, misplaced, or ignored entirely until a violation notice or fine appears.

Whether you’re buying a property in a planned development or already own one, this guide offers everything you need to know to find, read, and understand the CC&Rs governing your home.

Why CC&Rs Matter More than You Might Realize

The purpose of CC&Rs is to protect property values, preserve neighborhood harmony, and ensure shared standards across a community.

They often include rules regarding architectural modifications, landscaping, exterior maintenance, use of common areas, parking restrictions, pet ownership, and other related matters.

These rules are not suggestions; they are enforceable legal covenants, recorded with your property’s deed and binding on every subsequent owner.

For buyers, failure to review CC&Rs before closing can lead to unexpected limitations that conflict with lifestyle preferences.

For existing homeowners, disregarding CC&Rs can trigger penalties ranging from fines to legal action or even a lien against the property.

As real estate attorney Samantha Lowe explains, “One of the most common legal issues we see in HOA disputes is a homeowner who simply didn’t know the rules. But under property law, ignorance of the CC&Rs is not a defense. Once you own the home, you’re assumed to have agreed to them.”

A Cautionary Scenario: When CC&Rs Catch You Off Guard

Consider Michael, a new homeowner who proudly installed a handcrafted wrought-iron fence around his front yard, only to receive a notice two weeks later that it violated the community’s architectural standards.

The HOA demanded that he remove it within 30 days or face a $100 daily fine. Michael hadn’t reviewed the CC&Rs before closing, assuming his Realtor had handled the paperwork.

“I didn’t know I needed approval for a fence,” Michael later told a mediator. “I thought it was my house, and I should be able to choose what it looks like.”

But like thousands of homeowners each year, Michael learned too late that CC&Rs supersede personal preference. His only real option was compliance or costly legal pushback. The lesson is clear: before making changes or joining a community, you must understand the CC&Rs.

How to Find Covenants on Property

To find covenants on a property, start by reviewing your closing or title documents, which often include the Declaration of Covenants, Conditions & Restrictions (CC&Rs).

If the property is in a homeowners association (HOA), contact the HOA or property manager for a copy. You can also search the county recorder’s office, either online or in person, using the property address or parcel number to locate any recorded covenants.

If those options aren’t available, your title company, the state’s corporate registry, or even neighbors may help.

For legal clarity or complex cases, consult a real estate attorney. Finding CC&Rs varies depending on your position. Below, we have discussed both perspectives.

If You’re a Homebuyer

For buyers, the most effective way to obtain CC&Rs is to request them early in the home-buying process. Sellers are typically asked to provide disclosure documents that include the CC&Rs, especially in HOA-governed communities.

If you’re working with a Realtor, these documents should be part of your due diligence file. However, not all sellers or agents proactively share them. In such cases, the buyer can and should contact the HOA directly.

Most associations keep digital copies and can send them upon request. You may need to provide the property address or demonstrate a legitimate interest in the purchase.

If the HOA is unresponsive or unknown, your next step is to go to the county recorder’s office. Since CC&Rs are public records once recorded, counties maintain them as part of the deed or subdivision file.

Many counties offer searchable online databases, while others may require in-person visits. Key information you’ll need includes the parcel ID, subdivision name, or legal property description.

The earlier in the process you access these documents, the more time you’ll have to review their contents before committing. As Lowe emphasizes:

“Too often, CC&Rs are handed to buyers at the closing table long after they’ve committed. Ideally, you should be reviewing them during the offer phase, not during escrow.”

If You’re a Homeowner

Existing homeowners may have received CC&Rs when they closed on their property, usually as part of their title packet or closing documents.

If you still have access to these records, that’s your fastest route. Look for a document titled something like “Declaration of Covenants, Conditions & Restrictions.”

If your files are incomplete or missing, the HOA is your next point of contact. Associations are legally responsible for retaining and distributing governing documents to members.

If your HOA is professionally managed, a quick email or a request through the resident portal will usually suffice. In self-managed associations, you may need to contact a board member.

If you don’t know how to reach your HOA, visit your state’s corporation commission or the secretary of state’s website.

Most incorporated HOAs are required to file annual reports listing officer contact information. This can help you identify board members and their roles.

In cases where the HOA is inactive, or if you're uncertain whether one exists, you can again turn to the county recorder’s office.

Staff can help you access the recorded CC&Rs using your property’s legal description. Some counties permit remote searches, while others require in-person visits to a records office.

You may also speak to neighbors, especially long-time residents, who might have retained copies or know who manages the association.

What’s Inside CC&Rs and Why You Must Read Them

CC&Rs vary in length and complexity, but most contain several standard sections. These documents typically begin with a general purpose clause and proceed into detailed provisions governing the use of property, maintenance obligations, dispute resolution procedures, and enforcement rights.

Property Use Restrictions: It describes what you can and cannot do with your home, including pet ownership rules, business use, or exterior decor. 

These clauses may prohibit certain types of vehicles, limit exterior lighting, or require approval for the installation of items such as basketball hoops or flagpoles.

Architectural Control Guidelines: These guidelines establish standards for home modifications, including paint colors, fences, solar panels, and home additions.

Most communities require advance approval from an architectural review board, and unauthorized changes can result in the need for removal and fines.

Assessment and Fee Provisions: It defines your financial obligations. This includes the amount and frequency of dues, late penalties, and rules about special assessments for emergencies or capital improvements.

Enforcement Clauses: These clauses outline the HOA's procedures for handling violations. Some associations operate on a warning-first basis, while others proceed directly to monetary penalties or legal action.

These clauses may also establish an appeals process, dispute resolution channels, or guidelines for resolving conflicts among homeowners.

Leasing and Rental Restrictions: This may limit your ability to rent out your home. Some HOAs prohibit short-term rentals, such as those offered through Airbnb, require long-term lease minimums, or limit the percentage of rentals allowed within the community.

In short, reading the CC&Rs before making decisions, such as installing a structure or renting your property, is not optional. It’s a protective measure for your investment.

Legal Standing and Enforceability of CC&Rs

CC&Rs are not advisory. Once recorded with the county, they become binding covenants that run with the land, meaning they apply to current and future owners.

By purchasing a property with recorded CC&Rs, you are considered to have accepted the rules, regardless of whether you reviewed them.

While CC&Rs carry legal weight, some clauses may be unenforceable. Any restriction that conflicts with local, state, or federal law, such as racial occupancy limitations or overly broad bans on service animals, is invalid. 

Courts may also strike down provisions that are vague, applied inconsistently, or deemed to violate public policy.

Still, the legal default favors enforceability. According to a survey by the Community Associations Institute, over 75% of disputes between homeowners and HOAs stem from a misunderstanding or misapplication of CC&Rs. This underscores the importance of review and education.

Using Technology to Analyze CC&Rs Efficiently

Traditional CC&R review is tedious, involving dense legal language that can span dozens of pages. Fortunately, modern tools like Eli Report offer AI-powered assistance.

By uploading CC&Rs and related documents, users receive a simplified analysis that highlights obligations, fees, and potential restrictions, all within minutes.

This technology is especially valuable for investors reviewing multiple properties or for buyers navigating short offer timelines.

While not a substitute for legal counsel, Eli Report and similar platforms provide a helpful first step to identifying red flags or clauses that require further interpretation.

Can CC&Rs be Changed?

CC&Rs are amendable, but the process is intentionally rigorous to preserve stability. Most associations require a supermajority vote, often 67% or more of homeowners, to pass amendments. Once approved, the revised CC&Rs must be re-recorded with the county.

Communities often revise their CC&Rs every few years, particularly when faced with legal updates or shifting resident needs.

Common amendments include clarifying outdated language, adjusting leasing rules, or modernizing architectural guidelines. However, rules and regulations, which exist separately from CC&Rs, are easier to change.

These often require only board approval and a community review period. Examples include changes to pool hours, guest parking policies, or pet cleanup requirements.

Frequently Asked Questions (FAQs)

1. What does CC&Rs stand for?

Answer: CC&Rs stand for Covenants, Conditions, and Restrictions, rules that govern property use in a community or HOA.

2. How to find HOA CC&Rs?

Answer: Contact your HOA, check your closing documents, or visit the county recorder’s office where the property is located.

3. How do I find my CC&Rs online?

Answer: Search your county recorder’s website using the property address or parcel number; many counties offer public document portals.

4. Are CC&Rs legally binding?

Answer: Yes, once recorded, CC&Rs are enforceable legal agreements that apply to all current and future owners.

5. Can CC&Rs be changed?

Answer: Yes, but it usually requires a homeowner vote and re-recording with the county, depending on your HOA’s rules.

Final Thoughts: Empowerment Through Awareness

Understanding and locating your property’s CC&Rs isn’t just a legal obligation; it’s a powerful act of ownership.

Whether you're a prospective buyer or a long-time resident, these documents determine how you can use your property, what you must pay, and how conflicts are resolved; they define not only what’s allowed but also what’s possible.

By proactively obtaining your CC&Rs, reading them with care, and asking questions when unclear, you protect your financial investment and reduce the risk of conflict with your HOA.

And if the language seems overly complex, you’re not alone. Many homeowners now turn to technology or attorneys for help interpreting key sections before making major decisions.

In a world where property rights are increasingly shaped by private governance, knowing your CC&Rs is knowing your home’s true legal landscape.

Don’t wait for a violation letter to learn what you signed up for. Find your documents, read them carefully, and take on your role as an informed and empowered homeowner.

If it feels overwhelming, you can always hire a property management company like Mosaic SVC to help you navigate through the complications of property management.