What is a declaration of covenants?

The declaration of covenants, often called the CC&Rs, is the document tied directly to the property deed, and it sits just below state and federal law in an HOA’s document hierarchy, above bylaws and day-to-day rules. It spells out property-use restrictions on owners and lays out the HOA’s own maintenance obligations.

Why does a declaration of covenants matter?

Bylaws and board-made rules can’t contradict what’s in the declaration, so it’s the first place to check when a decision gets challenged. One board learned this the hard way after rejecting a resident’s solar panel request over vague “aesthetics” language, only to find the declaration and state law already protected the resident’s right to install one.

When You’ll Run Into This

Title companies and attorneys pull this document constantly during property sales, and boards usually only revisit it themselves when a dispute forces a close read of what the community agreed to at its founding. Our guide to understanding your governing documents is a good place to start.