Understanding California HOA CC&Rs

What are CC&Rs?

Covenants, Conditions, and Restrictions, commonly called CC&Rs, are the recorded rules that define property rights and responsibilities within a California homeowners association. California CC&Rs typically address how homes and common areas are used, maintained, funded, and changed.

They generally bind current and future owners because the declaration is recorded against the property and runs with the land.
 

What do California CC&Rs include?

California CC&Rs often cover:

• Property use: Limits on activities, nuisances, businesses, pets, HOA parking, and other uses
   
• Architectural standards: Approval requirements for exterior changes, landscaping, additions, and renovations
   
• Maintenance responsibilities: Duties assigned to the association and individual owners
   
• Assessments: The association’s authority to collect HOA fees and special assessments
   
• Enforcement: Available remedies when an owner or the association violates the documents
   
• Rental provisions: Short-term rental rules, minimum terms, and other lawful restrictions
   
• Insurance: HOA insurance coverage responsibilities for the association and owners
   
• Easements: Rights to enter, access, repair, or use parts of the property

Other HOA governing documents

California CC&Rs are only one part of an association’s governing structure. Other documents may include:

• Articles of incorporation: Establish the association as a legal entity and outline its basic corporate powers.
   
• Bylaws: Explain how the association operates, including elections, meetings, officer roles, and board procedures.
   
• Operating rules: Set more detailed standards for day-to-day community life and use of common areas.
   
• Election rules: Govern candidate qualifications, voting procedures, inspectors of election, and ballot handling.
   
• Architectural guidelines: Describe the review process and standards for exterior changes, landscaping, additions, and other improvements.
   
• Collection policies: Explain how the association handles unpaid assessments, late charges, payment plans, and collection steps.

Each document serves a different purpose. Together, they help define how the community is governed and how owners, board members, and the association share responsibilities.
 

Where do CC&Rs fit in the document hierarchy?

Under the Davis-Stirling Act, when governing documents conflict, the hierarchy is:

• Federal, state, and local law
   
• CC&Rs or declaration
   
• Articles of incorporation
   
• Bylaws
   
• Rules and regulations

This means a board cannot use a bylaw or operating rule to change or contradict CC&Rs (California Civil Code § 4205).
 

Do California CC&Rs run with the land?

Once California CC&Rs are properly recorded, they generally stay connected to the property when it is sold. That means a new owner is expected to follow the declaration, even though they were not part of creating it.

Reviewing the governing documents before buying in an HOA can help avoid surprises and give owners a clearer picture of the community’s rules and responsibilities.
 

How can California CC&Rs be amended?

California CC&Rs are amended through the approval process stated in the declaration, or by a majority of all members if the declaration does not specify the required approval percentage. Typically, the proposed amendment is drafted, shared with owners, and submitted for a membership vote.

If approved, the result is certified and the amendment is recorded with the county before taking effect (California Civil Code § 4270).
 

Can outdated CC&Rs still be enforced?

Older California CC&Rs are not automatically invalid, but they still have to comply with current California HOA laws. Boards should review older provisions with counsel before enforcing them. That simple step can help avoid confusion, inconsistent decisions, and unnecessary frustration for owners.
 

How are CC&Rs enforced?

The board is responsible for enforcing California CC&Rs on behalf of the association. A California property management company may help by documenting violations, sending notices, tracking deadlines, and coordinating hearings, but it acts under the board’s direction.

Generally, owners should be given an opportunity to address or correct the alleged violation before discipline is imposed, consistent with applicable law and the association's procedures. If the violation is not corrected, the association might hold a hearing, impose a reasonable fine within legal limits, recover certain authorized costs, or involve legal counsel.

Any enforcement action must follow the governing documents and California law, so boards should consult qualified legal counsel for advice specific to their situation (California Civil Code §§ 5850, 5855, 5975, and 5980).
 

What happens when the HOA violates the CC&Rs?

California CC&Rs apply to the association as well as the owners. When a concern comes up, the first step is often to raise it with the HOA manager or the board in writing and point to the relevant provision. A clear review process can help the board understand what happened, correct the issue when needed, and keep the community moving forward without creating unnecessary conflict.
 

How are CC&R disputes resolved?

When a disagreement comes up, the goal is usually to resolve it before it becomes more costly or disruptive. California law gives owners and associations options such as internal dispute resolution and, in some cases, mediation or another form of alternative dispute resolution.

Boards should start by reviewing the CC&Rs, documenting the issue, and involving counsel early when deadlines, significant costs, or legal rights are involved.
 

When should boards review their CC&Rs?

Boards should review California CC&Rs when planning major repairs, changing enforcement practices, considering new rental or architectural rules, or updating maintenance responsibilities. A review is also helpful when the documents are difficult to follow or no longer reflect how the community operates.
 

About FirstService Residential

FirstService Residential supports California communities with local expertise backed by national resources. For more than 40 years, our dedicated teams have helped boards stay organized with governance support, recordkeeping systems, financial management, vendor coordination, banking and insurance programs, resident communication, and 24/7 customer care.

We help boards apply consistent processes that align with their governing documents and California law, so board members can stay focused on long-term community goals instead of day-to-day administration.

Contact a member of our team today to learn more.

This information is provided for general informational purposes only and is not intended to constitute, and should not be relied upon as, legal, regulatory, financial, or operational advice, or as a representation or guarantee of any specific services, capabilities, or outcomes. Property management needs, regulatory requirements, market conditions, and available services vary by jurisdiction, property type, and community. FirstService Residential provides services through locally based affiliates and associates, and services and results may vary by community, region, contractual terms, and applicable law.