What Are CC&Rs?

CC&Rs stand for Covenants, Conditions, and Restrictions. These are legal documents that govern how property within a planned community, condominium building, tenancy in common (TIC) or other entity managed by a homeowners association (HOA) can be used and maintained. They are recorded with the county recorder and are legally binding on all current and future property owners within the development.

Key elements of CC&Rs in San Francisco:

1. Use Restrictions: Outline what property owners can and cannot do (e.g., no short-term rentals, no commercial use, pet policies).

2. Maintenance Responsibilities: Clarify who is responsible for maintaining individual units and common areas.

3. Architectural Controls: Require approval from a board or committee for modifications to the unit or exterior.

4. Assessments and Dues: Specify HOA fees and what happens in the case of non-payment (e.g., liens, penalties).

5. Enforcement and Penalties: Grant the HOA or condo board the authority to enforce rules, including fines or legal action.

6. Insurance Requirements: Detail what insurance the association and individual owners must carry.

When reviewing CC&Rs, particularly in older HOAs, you may encounter some language that can be invalidated or rendered unenforceable under federal and state fair housing laws, particularly the Fair Housing Act (FHA) and the California Fair Employment and Housing Act (FEHA). These laws prohibit housing discrimination based on protected classes, such as:

• Race

• Color

• Religion

• Sex (including gender identity and sexual orientation)

• Familial status

• National origin

• Disability

• Ancestry (in California)

• Marital status

• Source of income

• Age (in some contexts; exceptions include 55+ and senior communities)

In addition to CC&Rs, some HOAs may have a set of house rules. These are not legally binding and are not registered with the county recorder. Rather, they are a mutually agreed-upon set of norms that define the function of the community. This may include things such as who takes out the garbage bins when, what may or may not be kept in common areas, and so on.

Before purchasing property, buyers should review the CC&Rs carefully, often with a real estate attorney, to understand their rights and obligations.

Learn more real estate lingo in our glossary.

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