CC&Rs are created by developers when subdivisions are established and run with the land, binding all current and future owners. They can regulate architectural style, minimum square footage, fence height, exterior colors, and more. Unlike zoning, which is public regulation, CC&Rs are private restrictions. When a restrictive covenant conflicts with zoning, the MORE restrictive rule applies.
A subdivision's CC&Rs require all homes to be at least 2,000 square feet with brick exteriors. Even though local zoning allows 1,200-square-foot homes with any exterior, the CC&Rs prevail because they are more restrictive. A homeowner who violates the CC&Rs can be sued by neighbors or the HOA.
The exam will test: when zoning and CC&Rs conflict, the MORE RESTRICTIVE rule wins. CC&Rs are PRIVATE (enforced by owners/HOA), not public (government). They "run with the land," meaning they bind future owners too. Illegal covenants (like racial restrictions) are void and unenforceable.
Related Terms
Related Concepts
Zoning is the government's division of land into districts with specific permitted uses such as residential, commercial, industrial, or agricultural. It is the most common exercise of police power over private property.
A variance is an authorized deviation from the existing zoning ordinance granted to a property owner who demonstrates unique hardship. It allows a use or structure that would otherwise violate the current zoning rules.
A conditional use permit (also called a special use permit) allows a land use that is not automatically permitted by zoning but may be allowed under certain conditions. The use must be compatible with the surrounding area.
A nonconforming use is a property use that was legally established before a zoning change but no longer complies with the current zoning ordinance. It is commonly called a "grandfathered" use.
Building codes are government regulations that set minimum standards for construction, materials, design, and safety in buildings. They protect public health and safety by ensuring structures are built to acceptable standards.
Frequently Asked Questions
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Restrictive Covenants (CC&Rs) may have state-specific rules. Choose your state to study Land Use Controls with localized content: