California property glossary
CC&Rs (Covenants, Conditions & Restrictions)
Also called CC&Rs, covenants, conditions and restrictions, deed restrictions
Quick answer
CC&Rs are recorded private restrictions that run with the land, governing what owners in a development may build, keep, or do. They bind every future owner regardless of whether that owner ever read them, and they are enforceable independently of zoning.
Key facts
- Where they live
- Recorded against the property; listed as exceptions on the preliminary title report
- Who enforces
- The HOA where one exists, and in many cases any other owner in the development
- Governing statute
- The Davis-Stirling Common Interest Development Act, Civil Code §4000 et seq., for common interest developments
- Seller disclosure
- Sellers in a common interest development must provide governing documents, budgets, assessments, and related disclosures to buyers
- Racially restrictive language
- Void and unenforceable; California provides a process to have such language redacted from recorded documents
- Independent of zoning
- CC&Rs can be stricter than zoning, and complying with zoning is no defense to violating them
What it means
CC&Rs are recorded against a parcel at the time a subdivision is created and are enforceable by the homeowners association; violations can trigger fines, liens, or in some cases legal action.
California HOAs operate under the Davis-Stirling Common Interest Development Act, which governs how CC&Rs are enforced and amended. Rural and foothill lots sometimes carry older CC&Rs restricting minimum home size, livestock, or fencing that surprise buyers of vacant land who assumed rural parcels were unrestricted.
CC&R violations or unresolved HOA liens can complicate title and financing at closing. Sellers with a restrictive-covenant dispute that has scared off traditional buyers still have options with a direct buyer who evaluates the situation case-by-case rather than requiring it fully resolved before making an offer.
Why this matters when you are selling
CC&Rs decide questions buyers care about and zoning does not address: whether an RV or boat can be parked on the property, whether short-term rentals are allowed, what a fence or roof may look like, whether a second unit is permitted regardless of what state law allows, and what happens to an unapproved improvement built years ago. That last category is a common source of trouble at sale — a shed, a deck, or a fence installed without architectural approval can surface as a violation the seller must cure or disclose.
In a common interest development the disclosure package is a legal obligation and a practical one. Governing documents, the current budget, reserve information, assessment levels, and any pending special assessment or litigation all have to reach the buyer, and any of them can change what a buyer will pay. A pending special assessment for a roof or a road is a number that comes straight off the price, and it is far better disclosed early than discovered late.
Sellers should also know that recorded racially restrictive covenants still appear in old documents across Northern California. They are void and unenforceable, and California provides a process for having the language redacted from the record. Encountering that language in a chain of title is not a defect in the property, and it can be addressed.
Common mistakes
Assuming zoning permission overrides the CC&Rs.
Instead: They operate independently, and private restrictions can be stricter. Check both before promising a use.
Not disclosing a pending special assessment.
Instead: Disclose it. It is required in a common interest development and it destroys credibility when discovered late.
Overlooking unapproved improvements.
Instead: Check whether past work received architectural approval. An unapproved structure is a violation the buyer inherits, and it is a routine finding in HOA resale reviews.
Assuming an unenforced restriction is dead.
Instead: Selective non-enforcement can weaken a claim in specific circumstances, but it is a legal argument, not a safe assumption. Treat recorded restrictions as live.
Questions people ask
Can CC&Rs prohibit renting my property?
They can restrict rentals, including minimum lease terms and short-term rental bans, subject to statutory limits on how and when such restrictions may be adopted or applied. Because the rules and the limits are specific, the governing documents and any amendments should be read rather than summarized.
What must I give a buyer if my property is in an HOA?
California requires sellers in common interest developments to provide the governing documents, current budget and reserve information, assessment amounts and any delinquencies, and notice of pending litigation or special assessments. The association typically prepares this package for a fee, and requesting it early avoids a delay at the end of escrow.
Do CC&Rs ever expire?
Some contain a term with automatic renewal; many are effectively perpetual. Amendment generally requires the approval percentage stated in the documents, which is often difficult to reach.
What about racist language in an old deed?
It is void and unenforceable, and California has a process allowing an owner to have the offending language redacted from the recorded document. It does not affect the property's marketability, and county recorders have been directed to identify and redact such language.
Bottom line
Read the recorded CC&Rs before making any promise about how a property may be used, because they bind independently of zoning and they bind every future owner. In an HOA, order the disclosure package early — a pending special assessment discovered at the end of escrow costs more than the assessment itself.
Official sources
- California Legislative Information
Davis-Stirling Common Interest Development Act, Civil Code §4000 et seq., including seller disclosure requirements.
- California Department of Real Estate
Consumer guidance on common interest developments and HOA disclosures.
Written and maintained by Sierra Property Buyers, a direct property buyer working across Northern California. Last reviewed July 2026. This page is general information about how California property transactions work — it is not legal, tax, or financial advice, and the specifics of any situation should be confirmed with an attorney, a CPA, or the relevant agency.
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