The 'Declaration of Covenants, Conditions, and Restrictions' That Legally Governs a Common Interest Community

The binding constraint for any homeowners association rule to be enforceable is that it must not conflict with state or federal law, and it must be formally recorded with the property deed. Today, that constraint is actively overriding decades of neighborhood rules. As state legislatures push for housing density and environmental conservation, the "Declaration of Covenants, Conditions, and Restrictions" (CC&Rs) that governs roughly 75 million Americans living in common interest communities is increasingly being rewritten by state statute rather than neighborhood consensus.[1]

CC&Rs form the legal foundation of a planned community. Unlike municipal zoning laws, which are enforced by local governments, CC&Rs are private contracts that "run with the land." When a buyer purchases a home in a restricted community, they automatically agree to these terms as a condition of the sale. The document dictates what an owner can and cannot do with their property, establishing architectural controls, maintenance obligations, and use restrictions designed to preserve property values and neighborhood uniformity.

The document breaks down into three distinct legal mechanisms. Covenants are affirmative promises, such as an agreement to pay monthly assessments or maintain landscaping to a specific standard. Conditions are qualifications on the property's use, often outlining the penalties or enforcement actions that follow a violation. Restrictions are explicit prohibitions, such as bans on commercial vehicles in driveways, limits on exterior paint colors, or rules against short-term rentals.

However, CC&Rs are not absolute. They exist within a strict legal hierarchy. Federal law sits at the top, followed by state statutes, then the CC&Rs, and finally the HOA's bylaws and operating rules. "CC&Rs are not a blank check," according to homeowner advocacy group Fight My HOA.

"Federal law, state statutes, and procedural requirements all place hard limits on what your HOA can actually enforce." If a CC&R provision conflicts with a higher law, it is legally void, regardless of how long it has been recorded or whether homeowners previously agreed to it.

Federal overrides primarily stem from the Fair Housing Act and the Americans with Disabilities Act. An HOA cannot enforce a CC&R that discriminates based on familial status—such as banning children from common areas—or deny a reasonable architectural modification, like a wheelchair ramp, even if the CC&Rs mandate strict exterior uniformity. Any enforcement action that targets homeowners of a particular background while ignoring identical violations by others is also void under federal law.

State legislatures are now aggressively using their position in the hierarchy to void CC&R provisions that interfere with broader public policy goals. In California, the Davis-Stirling Act has been repeatedly amended to invalidate HOA restrictions on accessory dwelling units (ADUs), solar panel installations, and electric vehicle charging stations. Most recently, California's Assembly Bill 130, which took effect in July 2025, capped HOA fines for non-safety violations at $100, overriding any CC&R penalty schedules that dictated higher amounts.

Similar legislative overrides are taking effect nationwide. In Utah, Senate Bill 122 went into effect in May 2026, explicitly prohibiting CC&Rs from banning political signs, restricting radon mitigation systems, or preventing homeowners from converting grass park strips to water-efficient landscaping during droughts. These state-level interventions mean that a community's recorded CC&Rs may contain dozens of clauses that are no longer legally enforceable.

The actionable takeaway for anyone buying into or managing a planned community is that the printed CC&R booklet is no longer the final word on property rights. Boards attempting to enforce outdated restrictions face legal liability and unenforceable fines. Buyers must cross-reference the recorded rules against current state property codes to understand what they can actually build, plant, or display, keeping in mind that state law will always win the conflict.[1]