CC&Rs (Covenants, Conditions & Restrictions)
CC&Rs are the recorded rules an HOA or developer attaches to a property's title, governing everything from paint colors to short-term rentals — and they run with the land to every future owner.
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.
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