Covenants, Conditions, and Restrictions (CC&Rs)

Covenants, conditions, and restrictions (CC&Rs) are private (as opposed to municipal) use limitations or restrictions placed against many common-interest properties such as subdivisions, condominiums, and cooperatives. CC&Rs are usually filed against the property by the property developer or builder and used to regulate property use, appearance, and maintenance. They are created in deed clauses, by special agreements, or in the general plan of an entire subdivision or condominium.

Covenants are rules governing the use of real property whereby the owners promise (i.e., covenant) to abide by the rules. Covenants are promises that are given and enforced for certain things an owner can or cannot do with the real property and its improvements.

Conditions are qualifications or stipulations in a deed, upon the happening of which will alter the legal relationships of the parties. Conditions in deeds contain reversionary rights in favor of the grantor, giving the grantor the right to demand the return of the property. Conditions can be affirmative or negative. An affirmative condition requires the grantee do a specific thing or things. A negative condition requires the grantee not do a specific thing or things.

Restrictions are limitations on the use of the property that fall into two categories:

1. Private restrictions generally relate to limitations imposed on the use of a property. Most restrictions relate to issues dealing with such items as fence types, building design reviews, and limiting the use of a property to residential purposes and the like. These restrictions are usually found in a homeowner's association's CC&Rs.

2. Public restrictions are best exemplified by limitations on the use of a property imposed by zoning ordinances. For example, in some states, zoning ordinances severely influence an owner's use of a property.