How to Write HOA CC&Rs: The 10 Required Elements of a Defensible Declaration

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the most important legal document in your HOA. It defines what owners can and cannot do with their property, establishes the association's authority, and — in states without comprehensive HOA statutes — provides the sole legal basis for enforcement. Outdated or poorly drafted CC&Rs are the #1 cause of HOA enforcement failures.

What CC&Rs Are (and Are Not)

CC&Rs are recorded instruments — they are filed in the county land records and run with the land, binding every current and future owner regardless of whether they agreed to them personally. They are not just policies or guidelines; they have the legal force of deed restrictions. In most states, a clearly written CC&R restriction will be enforced by courts as a matter of property law.

The 10 Required Elements

1. 1Legal description of the community and all lots subject to the declaration
2. 2Statement of the homeowners' association and its legal identity (nonprofit corporation)
3. 3Assessment authority — the power to levy annual, special, and emergency assessments
4. 4Assessment lien rights — express grant of a lien on each lot for unpaid assessments
5. 5Use restrictions — what owners may and may not do with their property and structures
6. 6Enforcement authority — the power to give notice, impose fines, and pursue legal remedies
7. 7Maintenance obligations — who maintains what (owner vs. association)
8. 8Architectural control — ARC approval requirements for modifications
9. 9Amendment procedures — the vote required to amend the CC&Rs
10. 10Dispute resolution — the required process before litigation (IDR, mediation, etc.)

Assessment Powers: The Most Critical Section

Without clearly stated assessment powers, the board cannot levy dues, and the association cannot fund itself. The assessment section must include: the authority to levy annual assessments, the formula for calculating them (typically by lot, sometimes by lot size), the ability to levy special assessments with member approval above a threshold, emergency assessment authority, and express lien rights for unpaid amounts. Many old CC&Rs lack one or more of these — particularly the lien rights.

Enforcement Authority: The Second Most Critical Section

The enforcement section must clearly state: the association's right to give written notice of violations, a cure period, the right to impose fines per the fine schedule, the right to recover attorney fees in enforcement actions, and the right to seek injunctive relief. Without express attorney fee recovery language, the association bears its own legal costs even when it wins.

Use Restrictions: Clarity Is Everything

Vague restrictions are unenforceable restrictions. "No nuisances" without a definition is nearly useless in court. "No structures other than single-family dwellings" is clear and enforceable. Courts in property-rights states (Montana, Wyoming, Idaho) will interpret ambiguous restrictions in favor of free use of property. Use restrictions must be specific, current (include short-term rentals, solar panels, EV chargers, home-based businesses as appropriate), and proportionate.

When to Amend vs. Restate Your CC&Rs

If your CC&Rs are more than 15–20 years old, a full restatement (replacing the entire document) is usually more efficient than piecemeal amendments. A restatement requires the same owner vote as an amendment but creates a single, clean document instead of a declaration with 10 amendment exhibits. Restated CC&Rs are also easier for title companies, lenders, and new buyers to review.