When you're house hunting and spot that perfect home in a planned community, you might focus on the upgraded kitchen and amazing backyard while overlooking one critical document. The Declaration of Covenants, Conditions, and Restrictions sits in your closing packet, and most first-time buyers don't give it the attention it deserves.
I've worked with enough homebuyers to know that restrictive covenants can be confusing. Between managing project timelines and juggling family life with two kids, a husband, and our small zoo of pets here in Louisville, I understand wanting to just sign and move in. These rules will govern how you live in your home for as long as you own it.
Let me simplify this for you. If you're buying in a community with an HOA, you're agreeing to follow their rules. Some restrictions make perfect sense for property values. Others might surprise you.
A restrictive covenant creates what's known as a deed-restricted community—a legally binding contract between you and your neighbors spelling out what you can and cannot do with your property.
These covenants run with the land, staying attached to the property deed regardless of who owns the home. When you purchase property in an HOA community, you automatically become a member and must follow all established rules.
According to the National Association of REALTORS®, approximately 75.5 million Americans currently live in HOA communities, and developers are expected to create 3,000 new HOAs in 2024.
The covenants are typically outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). Your homeowners association enforces these rules with legal authority.
Here's what actual restrictive covenant language looks like from a typical CC&Rs document:
"No structure shall be erected, altered, placed or permitted to remain on any Lot other than one single-family dwelling... Exterior colors require Architectural Committee approval. All landscaping visible from streets must be maintained in neat condition free from weeds exceeding six inches in height."
This excerpt shows how covenants translate broad intentions into specific, enforceable rules.
Most restrictive covenants originate when a developer establishes a community. The developer anticipates what rules will help the neighborhood maintain its character and property values. These initial covenants become part of property records filed with the county.
Later amendments require homeowner approval. In Texas, the Texas Property Code requires 67% of property owners to approve amendments unless the original declaration specifies a lower threshold. In California, covenant amendments typically need majority or supermajority votes depending on the original CC&Rs. Florida has similar requirements that balance stability with adaptation.
Your specific community might have some, all, or additional restrictions beyond what I'm covering here.
These restrictions dictate what your home can look like from the street:
One family I worked with during a refinance wanted to install solar panels, but their HOA's architectural guidelines from the 1990s didn't account for renewable energy. They spent six months navigating the amendment process.
Your HOA wants the entire community looking well-maintained. These covenants might specify:
These covenants control how you use your property beyond appearance:
According to FS Residential, architectural guidelines and property use restrictions represent the most common covenant types in planned communities.
These focus on what you can do with your actual land:
Restriction Type: Exterior Paint
Suburban HOA: Approved palette only
Condo Association: Building-wide uniformity
Rural/Semi-Rural: More flexibility
Restriction Type: Pet Limits
Suburban HOA: 2-3 pets, breed restrictions
Condo Association: Weight limits (25-50 lbs.)
Rural/Semi-Rural: Livestock allowed on larger lots
Restriction Type: Rental Restrictions
Suburban HOA: Often 1-year minimum
Condo Association: 6-month minimum common
Rural/Semi-Rural: Varies widely
Restriction Type: Parking
Suburban HOA: No RVs/boats visible
Condo Association: Guest spaces time-limited
Rural/Semi-Rural: Commercial equipment restrictions
Restriction Type: Landscaping
Suburban HOA: Front yard standards strict
Condo Association: Balcony appearance rules
Rural/Semi-Rural: Split-rail fencing common
Restriction Type: Business Use
Suburban HOA: Home-based with no traffic
Condo Association: Usually prohibited
Rural/Semi-Rural: Agricultural exceptions
Restriction Type: Monthly Fees
Suburban HOA: $150-$400 typical
Condo Association: $300-$800+ typical
Rural/Semi-Rural: $50-$200 typical
This table shows how covenant strictness varies by community type. Condos typically have the most restrictions because you're sharing walls and systems.
Connect with AmeriSave to discuss your home purchase options
Your homeowners association board—elected residents—handles enforcement. They follow specific procedures outlined in your CC&Rs.
Consequences for violating restrictive covenants can escalate:
California made significant changes to HOA enforcement. AB 130, signed into law June 30, 2025 and effective immediately, caps most HOA fines at $100 per violation. This represents a major shift from previous practices where some HOAs imposed fines of hundreds or thousands of dollars.
The legislation, affecting California's 50,000-plus HOAs encompassing nearly 4.7 million homes, includes several key provisions:
State Senator Aisha Wahab noted that "with nearly 65% of California homeowners living in HOAs, excessive fees have quietly drained family finances" (CalMatters).
The change sparked debate. HOA boards worry about losing enforcement power, while homeowner advocates see it as necessary protection.
Let me walk you through what these covenants actually look like in practice.
In most planned developments, you'll encounter rules like:
No boats or RVs visible from the street. That 30-foot RV needs covered storage or an off-site facility. Approved exterior colors only, often limited to earth tones or specific palettes maintaining visual harmony. Grass maintenance standards with some associations specifying maximum grass height. No clotheslines in front yards—laundry drying must happen in backyards or inside. Standardized mailboxes where everyone uses the same style and color.
Condo associations typically have more extensive restrictions because you're sharing walls and common areas:
Noise regulations with quiet hours, usually overnight, when sound levels must stay minimal. Guest parking limitations where visitor spaces might have time limits or require permits. Balcony appearance standards restricting what you can store or display. Renovation approval where interior renovations affecting common elements require board approval. Pet size limits where many condos restrict pets by weight, commonly capping at 25 to 50 pounds.
Even in communities with larger lots, you might face restrictions:
Livestock limitations where some communities allow chickens but prohibit roosters, or limit horse ownership to certain lot sizes. Fencing materials where split-rail fences might be required over chain-link for aesthetic consistency. Outbuilding approval where that workshop or storage barn needs architectural review. Commercial equipment where tractors and farm equipment might need storage out of view.
Let's talk about why these restrictions exist and what benefits they provide.
This represents the primary justification for most covenants. When all homes maintain high standards, property values tend to remain stable or increase. World Wide Land Transfer notes that more than 75 million Americans live in HOA communities specifically because these rules help protect their home equity.
Think of it like this: if your neighbor paints their house fluorescent orange or parks six broken-down cars in their front yard, that directly impacts your home's value when you're ready to sell. Restrictive covenants prevent those scenarios.
Your HOA fees fund maintenance of shared spaces. Pools get cleaned, landscaping gets maintained, and streets get plowed in winter. Without the covenant requiring these fees and services, you'd lose access to these amenities.
When neighbor conflicts arise, established rules and a neutral board can help resolve issues. If your neighbor's dog barks constantly or they throw loud parties every weekend, the HOA provides a formal channel for addressing problems without direct confrontation.
You know what to expect from your neighbors because everyone agreed to the same rules.
Here's where I need to be completely honest. Restrictive covenants come with real drawbacks.
You're giving up some autonomy over your own property. Want to paint your front door that beautiful shade of blue you saw on vacation? You might need permission. Planning to install a basketball hoop for your kids? Better check the rules first.
I've talked with homeowners who felt blindsided by how many decisions required HOA approval. One family wanted to replace their dead tree with a flowering cherry tree, but their architectural committee only approved specific tree varieties. The approval process took three months.
HOA fees are mandatory and typically increase over time. These fees stack on top of your mortgage payment, property taxes, and homeowners insurance.
To put this in perspective: If monthly HOA fees are $300, that's $3,600 annually. Over a 30-year mortgage, you'll pay $108,000 in HOA fees alone—not including increases. That's money that could go toward your principal balance or other investments.
In my MSW program, we've discussed how financial stress affects family systems. Unexpected special assessments from your HOA can create significant household tension.
Some HOA boards take enforcement too far. Stories about measuring grass height with rulers or issuing violations for trash cans left out 30 minutes past deadline aren't entirely urban legends.
Before California's AB 130 fine cap, some homeowners faced fines of thousands of dollars for violations that arguably didn't warrant such severe penalties. Attorney Edward Susolik, who represents both homeowners and HOAs, told CalMatters he's "seen the worst of the worst and HOAs fine thousands of dollars and foreclose on homes.”
Many covenants limit or prohibit rental activity, which can interfere with your investment strategy. If you're buying property with the intention of eventually converting it to a rental, those restrictions matter.
Business operation restrictions can also affect work-from-home professionals or those running side businesses.
Communities evolve. Rules that made sense in 1985 might not fit 2026 reality.
Changing restrictive covenants requires following specific procedures outlined in your CC&Rs and governed by state law. According to Gregg & Gregg, P.C., Texas HOAs typically need approval from 67% of property owners to amend covenants, though this threshold can vary.
The process generally involves: Proposal of specific language changes, board review and recommendation, notice to all homeowners with adequate time for review, community vote often requiring supermajority approval, and recording of approved amendments with the county.
In rare cases, restrictive covenants can be deemed unenforceable through abandonment. This happens when an HOA fails to enforce a restriction for so long that reasonable people would assume it's no longer valid.
A 2025 legal case in South Dakota illustrated this principle when a court ruled that a restrictive covenant from the 1970s was unenforceable due to decades of non-enforcement.
However, proving abandonment remains difficult. You need to demonstrate severity and frequency of previous unenforced violations, a pattern of inconsistent enforcement across the community, and the ratio of violations to total properties.
Some covenants violate federal or state law and can be challenged. The Fair Housing Act prohibits restrictions based on race, religion, national origin, sex, disability, or family status. Historical covenants containing discriminatory language are unenforceable, though they might still appear in old deed records.
If you're considering property in an HOA community, doing your homework upfront prevents massive headaches later.
Request the CC&Rs, bylaws, and current rules and regulations before making an offer. Most sellers are required to provide these documents, but don't wait until the last minute.
Your purchase contract should include a contingency allowing you to review HOA documents within a specific timeframe.
When reviewing covenants, pay attention to these key areas.
Don't be shy about contacting the HOA board or management company directly:
When running numbers on whether you can afford a home, factor in HOA fees alongside your mortgage payment. What this means for you: that $2,000 monthly mortgage can quickly become $2,300 or more once you add HOA dues.
At AmeriSave, we help buyers understand their complete financial picture, including HOA obligations affecting overall housing affordability.
Your property type affects which covenants you'll encounter and how they're enforced.
These typically face exterior-focused restrictions while maintaining more freedom with interior changes and private outdoor spaces. The balance leans toward protecting street-level aesthetics while respecting privacy in backyards.
Expect more extensive restrictions because you're sharing structures and systems. Your HOA fees typically cover more services—exterior maintenance, some utilities, building insurance—but you'll have less autonomy over renovations and modifications.
These fall somewhere between single-family homes and condos. You might share walls with neighbors but have individual exterior maintenance responsibilities. Restrictions typically focus on maintaining uniform appearance across connected units.
Communities for residents 55+ or 62+ have additional restrictions around occupancy age. These can provide wonderful amenities and maintenance-free living but limit who can live with you long-term.
It's worth understanding how these differ. Zoning laws are government regulations controlling land use across entire municipalities or counties, determining whether areas are residential, commercial, or mixed-use.
Restrictive covenants are private agreements between property owners within a specific community. They're typically more stringent than zoning laws and can prohibit things zoning would otherwise allow.
For example, zoning might permit operating a home business, but your HOA covenants could prohibit it. The more restrictive rule (the covenant) applies to your property.
Laws governing restrictive covenants vary significantly by state.
Beyond the new fine cap in AB 130, California's Davis-Stirling Act provides comprehensive HOA governance requirements. The state prioritizes homeowner protections and mandates specific procedures for rule enforcement.
Texas Property Code Title 11 governs restrictive covenants, with detailed provisions about amendments, enforcement, and property owner rights. The state allows considerable HOA authority but provides mechanisms for homeowners to challenge improper enforcement.
Florida has extensive HOA laws addressing everything from electronic voting to reserve funding requirements. The state mandates transparency in HOA operations and has specific procedures for dispute resolution.
Some states lean toward protecting HOA authority to enforce covenants, while others prioritize individual property rights. Research your state's approach before buying in an HOA community.
If you decide HOA living aligns with your needs, here are strategies to navigate successfully.
Consider joining your HOA board or committees. Being part of the decision-making process gives you influence over rule enforcement and amendments. You'll better understand the reasoning behind certain restrictions.
Getting to know your neighbors and board members creates goodwill. When you need architectural approval or have a legitimate reason for a temporary rule deviation, those relationships matter.
Always submit requests through proper channels. Get architectural approval before starting projects. Keep records of all communications with the HOA.
Read meeting minutes, attend annual meetings, and stay current on rule changes. Ignorance of covenants isn't a valid defense against violations.
If you're issued a violation you believe is unfair, document your case. Photos, dates, and communications can be crucial if you need to dispute a fine or seek legal remedies.
Here's the human side of this: only you can answer that question. It depends entirely on your lifestyle and priorities.
Restrictive covenants work well if you value consistent neighborhood standards, appreciate managed amenities, and don't mind trading some autonomy for community harmony. They're particularly appealing if you're buying primarily for investment and want property value protection.
They're probably not the right fit if you highly value personal freedom over property choices, prefer making all decisions about your home independently, or want flexibility to modify your property extensively.
Currently, with 53% of owner-occupied homes in the United States being part of HOAs, you'll likely encounter these covenants during your home search. Understanding what you're signing up for before closing can prevent years of frustration.
At AmeriSave, we help homebuyers navigate all aspects of the purchase process, including understanding how HOA fees and restrictions affect your total housing costs and long-term satisfaction.
Now that you understand how restrictive covenants work, you're better prepared to evaluate whether HOA living fits your lifestyle and financial goals.
Before making an offer on any property in an HOA community, request and thoroughly review all governing documents. Pay special attention to monthly fees, special assessment history, reserve funding levels, and specific restrictions that might affect how you want to use your property. Calculate the true cost of homeownership including HOA fees stacked on your mortgage payment.
If you're ready to explore home financing options that account for HOA fees in your overall housing budget, AmeriSave can help you understand what you can afford. Our team specializes in helping buyers navigate the complete financial picture of homeownership.
No, you cannot simply refuse to follow restrictive covenants. When you purchase property in an HOA community, you automatically agree to abide by the covenants as a condition of ownership. These restrictions are legally binding and run with the land, meaning they transfer to each new owner. If you violate covenants, your HOA can impose fines, take legal action, and in extreme cases, place liens on your property. The time to object to covenants is before purchasing. Once you own the property, you're bound by these rules. Your only options for changing unwanted restrictions involve working with your HOA to amend the covenants through proper procedures outlined in your CC&Rs, which typically requires supermajority approval from other homeowners. Some buyers mistakenly believe they can ignore rules they dislike, but this approach invariably leads to enforcement actions and financial penalties.
Several sources can provide covenant information. First, request the CC&Rs document directly from the seller, their agent, or the HOA management company. Sellers are typically required to provide this during the disclosure period. Second, visit your county recorder's office or clerk of court, where covenants are filed as public records attached to property deeds. Many counties now offer online access to these documents. Third, contact the HOA directly and request copies of the governing documents, which should include CC&Rs, bylaws, rules and regulations, and any amendments. Your real estate agent can also help obtain these documents during the offer process. Most purchase contracts include contingencies allowing you to review HOA documents within a specific timeframe, usually seven to ten days. Take advantage of this period to thoroughly review all restrictions. Consider having an attorney review complicated covenant language if you have concerns about specific provisions.
Yes, restrictive covenants absolutely can limit or completely prohibit rental activity. Many HOAs impose rental restrictions to maintain higher percentages of owner-occupied homes, which can help with property values and community stability. Common rental restrictions include complete prohibitions on all rentals, minimum lease periods such as six months or one year to prevent short-term rentals, caps on the percentage of homes in the community that can be rentals at any given time, and requirements for landlord registration or tenant background checks. These restrictions have become increasingly common as short-term rental platforms like Airbnb have grown. Some communities that previously allowed rentals have amended their covenants to restrict them. If you're considering investment property in an HOA community, rental restrictions should be a primary consideration during your property search. Violating rental restrictions can result in significant fines and legal action. Some HOAs have successfully forced owners to terminate leases that violated covenant restrictions. Always verify rental rules before purchasing if you plan to lease your property.
Selective enforcement creates legitimate legal concerns and potential defenses against violations. HOA boards have a fiduciary duty to enforce covenants consistently and fairly across the entire community. If your HOA issues you a violation while ignoring identical violations by other homeowners, you may have grounds to challenge the enforcement. Selective enforcement can occur due to personal conflicts between board members and specific homeowners, lack of systematic violation monitoring, or board member favoritism. If you believe you're being targeted unfairly, document everything including photos of similar violations by other properties, dates and details of your communications with the HOA, and any evidence suggesting personal bias or discrimination. Consider requesting violation records through public disclosure to establish patterns of selective enforcement. You can dispute violations through your HOA's internal dispute resolution process and, if necessary, seek legal counsel. While selective enforcement doesn't automatically invalidate a covenant, it can provide a defense against specific penalties. Courts generally expect HOAs to apply rules evenhandedly. However, proving selective enforcement requires solid documentation showing a clear pattern of disparate treatment.
Some restrictive covenants include automatic sunset provisions causing them to expire after a specific period, commonly twenty to thirty years from the original filing date. However, most modern covenants contain renewal clauses that automatically extend them for additional periods unless homeowners vote to terminate or modify them. When covenants approach their expiration date, HOAs typically initiate renewal processes requiring homeowner votes. If covenants do expire without renewal, the property returns to regulation only by local zoning laws, which are generally less restrictive. However, don't count on covenants expiring. Most communities successfully renew them because homeowners recognize the property value protection they provide. Covenant documents typically specify their duration and renewal procedures. If your community has older covenants without clear expiration language, they might be considered perpetual. Some jurisdictions have laws limiting covenant enforceability after extended periods of non-enforcement, but this requires meeting specific legal standards. If you're hoping covenants will expire, review your specific CC&Rs to understand their duration and renewal requirements. Remember that even expired covenants can be revived if enough homeowners support reinstatement.
Standard title insurance policies provide limited protection regarding restrictive covenants. Owner's title insurance typically covers you against undiscovered covenants that existed before your purchase and were not disclosed to you at closing. However, this protection has significant limitations. Title insurance will not cover violations you create after purchasing the property. If you violate HOA rules and face fines or legal action, your title insurance offers no protection. The policy also won't cover covenants that were properly disclosed during your purchase even if you didn't fully understand their implications. Title insurance mainly protects against title defects, liens, and encumbrances not revealed during the title search. Known restrictive covenants recorded with the county are specifically excluded from coverage in most policies. Some title companies offer enhanced coverage options that might provide additional protection for certain covenant-related issues, but these come at higher premiums. The best protection against covenant problems isn't insurance but thorough due diligence before purchasing. Carefully review all HOA documents, understand the restrictions, and make sure they align with your plans for the property.
HOA fees vary dramatically based on location, community amenities, and the age of common infrastructure. Monthly fees can range from as low as $50 in basic communities with minimal amenities to several thousand dollars in luxury high-rise condominiums or resort-style developments. According to industry data, the national average HOA fee falls between $200 and $400 monthly for single-family home communities. Condominium fees typically run higher because they cover more services. Your HOA fees fund various expenses including common area maintenance and landscaping, amenity operations and upkeep such as pools, fitness centers, and clubhouses, exterior building maintenance and repairs for condos and townhomes, trash collection and snow removal in some communities, management company fees, reserve funds for major future repairs, and insurance for common areas and structures. Before buying, review your HOA's budget and reserve study to understand where your fees go and whether the community is adequately funded for upcoming repairs. Special assessments can occur when reserves are insufficient for major projects like roof replacement or parking lot repaving. These unexpected bills can reach thousands or tens of thousands of dollars per homeowner. At AmeriSave, we help buyers factor HOA fees into their total housing costs to ensure they can comfortably afford their new home.
If you receive a violation notice you believe is unfair or incorrect, follow a systematic approach to address it. First, review your CC&Rs and governing documents to confirm whether the alleged violation actually breaks a rule. Sometimes violations are issued in error or based on misunderstandings. Second, respond in writing to the violation notice within any specified timeframe, explaining your position clearly and providing supporting evidence such as photos, documentation, or relevant covenant provisions. Third, request a hearing before the board if one isn't automatically scheduled. Most states require HOAs to provide hearing opportunities before imposing fines. Attend this hearing prepared with your evidence and explanation. Fourth, consider your HOA's internal dispute resolution process if your initial appeal is unsuccessful. Many states mandate these procedures before homeowners can pursue legal action. Fifth, document all communications, decisions, and evidence throughout the process. If internal resolution fails and the issue warrants it, consult with an attorney specializing in HOA law to understand your legal options. Some violations result from simple miscommunications that can be resolved through respectful dialogue with your board or management company. Approaching the situation professionally and with proper documentation significantly improves your chances of a favorable outcome.
Many states have enacted solar access laws that limit HOA authority to prohibit solar panel installation. These laws recognize the public policy benefits of renewable energy and override private covenant restrictions. In California, HOAs cannot prohibit solar panels but can impose reasonable restrictions on placement to minimize visual impact. Texas has similar protections for solar energy devices. However, state protections vary widely. Some states offer strong solar access rights while others provide minimal protection. Your HOA might still regulate the appearance, location, and installation method of solar panels even where they cannot prohibit them outright. Other energy-efficient improvements like heat pumps, Energy Star windows, or electric vehicle charging stations face varying treatment. Some states include these in solar access protections while others do not. Review both your state's laws and your specific CC&Rs before proceeding with energy-efficient upgrades. If your HOA denies approval for improvements protected by state law, you may have grounds to challenge their decision. Consider consulting with an attorney who understands both HOA law and renewable energy regulations in your state. As sustainability becomes increasingly important, more states are passing legislation to protect homeowners' rights to install energy-efficient improvements despite covenant restrictions.
HOA dissolution is relatively rare but can occur through various circumstances including financial insolvency, homeowner vote to dissolve, loss of nonprofit status, or simple abandonment when no one wants to serve on the board. If your HOA formally dissolves through proper legal procedures, the status of restrictive covenants depends on state law and how the covenants were originally structured. In many cases, covenants remain enforceable even without an active HOA because they run with the land as deed restrictions. Individual homeowners might gain standing to enforce covenants against neighbors through private legal action. Some states require covenants to specifically state whether they survive HOA dissolution. Without an HOA to enforce them, covenant compliance typically becomes inconsistent. Property values may decline as exterior maintenance standards deteriorate. Common areas and amenities fall into disrepair without organized management and funding. If an HOA stops functioning due to abandonment rather than formal dissolution, covenants technically remain in effect but lack practical enforcement mechanisms. This creates uncertainty and potential for neighbor disputes. If your HOA is struggling, consider working with neighbors to revitalize the board or transition to professional management rather than letting the organization fail. The costs of reforming or replacing a dissolved HOA, including legal fees and addressing deferred maintenance, typically far exceed the expense of maintaining functional governance.
Fact Checked