Governing documents
CC&Rs
The recorded covenants, conditions, and restrictions that govern an HOA — typically the same document as the Declaration.
Also called: covenants conditions and restrictions · CCRs · C C and R · CC&R
What it means
CC&Rs (Covenants, Conditions, and Restrictions) are the core recorded document that creates an HOA and binds every property in the community. They are recorded with the county and run with the land, meaning future owners are bound the moment they take title — there is no opt-out for buying a home in an HOA. In most modern documents, 'CC&Rs' and 'Declaration' refer to the same recorded instrument; older communities sometimes use the terms separately to distinguish use restrictions from the dues-and-assessment framework. Any rule that materially constrains how an owner uses their property — paint colors, fence styles, pet limits, rental terms — has to trace back to the CC&Rs to be enforceable. Board-adopted Rules and Regulations cannot exceed the authority the CC&Rs grant.
Why it matters
The CC&Rs are the source of truth for what your board can and cannot enforce. Any dispute that escalates — fines, architectural denials, rental restrictions — eventually comes back to a paragraph in the CC&Rs. Boards that haven't read their own document recently are the boards most likely to lose challenges.
Example
A board sends a fine for an unapproved fence color. The owner appeals, citing that the Declaration only requires ARC approval for fences taller than 4 feet. If the Declaration actually says that, the fine is unenforceable — the board's Rules cannot expand authority the CC&Rs didn't grant.
This definition is general orientation, not legal advice. Specific questions about your association should be routed to your attorney or a state-statute resource.
Ask your own HOA
How does cc&rs apply to your HOA?
Upload your governing documents once and ask. Every section reference links back to the exact page in your Declaration, Bylaws, or Rules. Free under 250 homes.
Related terms
Run an HOA? Free for boards under 250 homes.
Ask unlimited bylaw questions, manage violations, and share cited answers with residents — no credit card required.