What Are CC and Rs?

The rulebook every HOA community runs on - and one every buyer should read before closing.

๐Ÿ“˜ Real Estate Term ๐Ÿ“ Indiana ๐Ÿ”‘ Buyers & Sellers

Quick Answer

CC and Rs are legally binding once you buy in an HOA community, covering everything from fence height to whether you can park a boat in the driveway. They are recorded against the property, so they transfer to every future owner and are worth reading in full before you write an offer, not after.

Full name
Covenants, conditions, and restrictions
Where recorded
County land records, tied to the property
Who enforces them
The HOA board or management company
Common topics
Exterior changes, parking, pets, rentals

What CC and Rs Typically Cover

CC and Rs spell out what owners can and cannot do with their property while it's part of the community. Common provisions address exterior paint and materials, fencing, landscaping, parking, pets, and sometimes whether a home can be rented out.

Because the rules are recorded against the property in county land records, they run with the land and bind every future owner, not just whoever agreed to them originally.

Why Buyers Should Read Them Before Closing

It's easy to focus on price and condition and skip the fine print, but CC and Rs can affect how you actually live in a home, whether you can add a fence, park an RV, or run a home business.

Ask your agent or the seller for a current copy along with the HOA's resale certificate early in the process, so any dealbreaker surfaces before you are under contract, not after.

Note: this is general information for Indiana buyers and sellers, not legal or tax advice. For advice on your specific situation, talk to your attorney, lender, or CPA โ€” or call Daniel Cope at 317-997-7404.

Questions About Your Situation?

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Frequently Asked Questions โ€” CC&Rs

Can CC and Rs change after I buy?

Yes, most associations can amend their CC and Rs through a member vote, though the process and required approval percentage vary by community.

What happens if I violate the CC and Rs?

The HOA can typically issue a warning, fine, or in some cases pursue further action, depending on the violation and the association's enforcement policy.

Are CC and Rs the same in every HOA?

No, each community writes and records its own, so rules can vary significantly even between neighboring subdivisions.

Where can I get a copy of the CC and Rs before buying?

Your agent can typically request them from the seller or HOA management company, and they are also recorded with the county.