Understanding HOA Restrictive Covenants Before You Buy
If you’re purchasing a home or condominium in a planned community, you’ll likely become an automatic member of an HOA. Membership comes with certain obligations, including adherence to the community’s restrictive covenants—the legally binding rules that govern how properties within the neighborhood can be used and maintained.
These covenants, also known as deed restrictions, are outlined in the Declaration of Covenants, Conditions, and Restrictions (CC&Rs). They help define community standards and maintain a consistent appearance throughout the neighborhood.
What Is a Restrictive Covenant Agreement?
A restrictive covenant agreement is a legal contract that sets limits on property use, exterior changes, and other aspects of homeownership within the community. Violating these rules may result in penalties, such as fines, mandatory corrections, or, in severe cases, legal action by the HOA.
Keep in mind that some properties outside of HOA communities may also have deed restrictions in place. If this is the case, be sure to request a copy of the agreement from the seller or listing agent before making an offer.
Why Do Communities Use Restrictive Covenants?
The primary goal of restrictive covenants is to protect property values and maintain a cohesive community aesthetic. These rules help ensure that all residents follow consistent standards, contributing to a clean, attractive, and well-maintained neighborhood.
Common Examples of Restrictive Covenants
Restrictive covenants generally fall into two main categories: property use and maintenance standards. While specifics vary by community, examples may include:
- Exterior modifications: Guidelines for paint colors, roofing materials, or window types.
- Landscaping and upkeep: Requirements for lawn maintenance, weed control, or approved plant types.
- Fencing regulations: Limits on materials, height, and placement.
- Pet restrictions: Rules on the number, breed, or size of pets allowed.
- Parking and vehicle use: Prohibitions on street parking, RVs, or commercial vehicles.
- Noise and nuisance rules: Established quiet hours or limits on outdoor activities.
- Minimum property standards: Requirements for square footage or architectural style.
Should You Buy in a Community With Restrictive Covenants?
Living in an HOA-governed neighborhood offers several benefits, including access to amenities, shared maintenance, and potentially higher long-term property values. However, if you prefer greater flexibility over exterior design or how you use your property, a community with strict covenants may not be the best fit.
Before making a purchase, review the HOA’s CC&Rs carefully and discuss any concerns with your real estate agent. Understanding these rules upfront ensures you choose a home—and community—that truly fits your lifestyle.