Restrictive Covenants (CC&Rs)
Definition
Restrictive covenants, also known as CC&Rs (Covenants, Conditions & Restrictions), are private agreements written into deeds or HOA documents that limit how property can be used. They are enforced by property owners, not the government.
Example
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.
Exam Tip
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 Land Use Terms
Zoning
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.
Variance
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.
Conditional Use Permit
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.
Nonconforming Use (Grandfathered)
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
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.
Certificate of Occupancy
A certificate of occupancy (CO) is an official document issued by the local building department certifying that a building complies with building codes and is safe for occupancy. It is required before a building can be legally occupied.
Frequently Asked Questions
Test Your Land Use Knowledge
Practice with exam-style questions to make sure you can apply Restrictive Covenants (CC&Rs) and other land use concepts.