To find the CC&Rs for a property, start with the county recorder’s office where the property sits. The Declaration of Covenants, Conditions, and Restrictions has to be recorded there to be legally binding, which makes it a public record that anyone can pull. Most counties let you search their official records online for free using the property’s parcel number, subdivision name, or owner name, and you can view or download a copy of the document on the spot.
Why the County Recorder Is the Source
CC&Rs get their legal force from being recorded. When a developer creates a planned community, the Declaration is filed with the county recorder (called the register of deeds or county clerk in some jurisdictions). That filing makes the restrictions run with the land, binding every future owner, and it puts the document into the public land records where any buyer is presumed to know its contents.
Because the recorded copy is the legally operative one, that’s the version you want. HOA websites, welcome packets, and handouts from a real estate agent are convenience copies and may be out of date. The document at the recorder’s office is authoritative.
What to Gather Before You Search
A few details will make any search go faster, especially if the county’s portal has a rough interface.
- Property address. Use the full street address as it appears on the tax records, not a mailing address or unit nickname.
- Assessor’s Parcel Number (APN). This unique number assigned by the county tax assessor is the most reliable key for land records. It appears on your property tax bill and on the county assessor’s website. Some jurisdictions call it a property identification number (PIN) or tax account number.
- Subdivision name. The legal name of the planned community as it appears on the recorded plat. CC&Rs are often indexed under this name, so searching “Oakridge Estates” may pull the document up faster than an address search.
- Owner name. A current or previous owner’s name gives you another search path. It’s less precise, since people own multiple properties, but it works when the other identifiers aren’t producing hits.
Searching the County Recorder’s Records
Online Portal
Most counties now offer free online access to their records index. Go to the county recorder’s website and look for a link labeled something like “Official Records Search” or “Document Search.” Enter the APN, subdivision name, or owner name, and the system returns a list of documents recorded against that property or development.
Look for a document titled “Declaration of Covenants, Conditions, and Restrictions” or a close variant. Older filings may use different labels; “Declaration of Restrictions” and “Deed Restrictions” are common. Many portals let you view or download a digital image of the document at no charge, though some charge a small per-page fee. These digital copies are unofficial but perfectly adequate for reading the rules that apply to your property.
In-Person Visits
If the county doesn’t offer online access, or the records you need haven’t been digitized, you can visit the recorder’s office in person. Public-access terminals are set up for searching the index, and staff will help you locate and print what you find. Expect a per-page copy fee that varies by county.
Certified Copies
For reading the rules, planning a renovation, or preparing to buy, an uncertified copy is fine. If you need a certified copy for a lawsuit or another legal proceeding, the recorder’s office will provide one for a per-page fee plus a certification charge. Certified copies generally have to be requested in person or by mail; online portals usually deliver only uncertified images.
Other Places to Get a Copy
The recorder is the authoritative source, but it’s not always the fastest. Several other channels can get you the document, sometimes within hours.
The HOA or Management Company
If you already own a home in the community, the HOA is required to provide governing documents to members. Many associations post the CC&Rs on a community website or resident portal, and some management companies keep them in an online document library. The version posted may be missing recorded amendments, so treat this as a starting point rather than the last word.
The Resale Disclosure Packet
When a home in an HOA community changes hands, the seller or the HOA provides a resale disclosure package that includes the CC&Rs, bylaws, current budget, assessment amounts, reserve fund status, any pending special assessments, open violations on the property, and pending litigation against the association. Many states require this disclosure by statute, and the packet often has to reach the buyer a set number of days before closing. If you’re a prospective buyer and haven’t received the CC&Rs, ask your real estate agent to request the resale certificate.
The Title Company
A title company handling a sale or refinance will have flagged the CC&Rs during its title search. The preliminary title report lists all recorded documents that affect the property, and the CC&Rs appear as a listed exception. Ask the title company for a full copy of any document referenced in the report.
Your Mortgage Lender
Lenders that sell loans to Fannie Mae have to review project documentation, including the recorded CC&Rs, to confirm the community meets eligibility standards before approving a mortgage on a property in an HOA community.1Fannie Mae. General Information on Project Standards Your lender’s file will contain a copy. Getting them to share it can take some persistence.
Make Sure You Have the Current Version
This is where people get burned. CC&Rs get amended over time, and the only version with legal force is the most recently recorded one on file with the county recorder. A printout from the HOA’s website, a PDF from a welcome packet, or a copy a neighbor handed you may be missing amendments passed years ago.
For an amendment to be enforceable, it has to be recorded, just like the original declaration. If the HOA votes to amend the CC&Rs but never files the amendment, that change has no legal effect against later buyers. This cuts both ways. The HOA can’t enforce an unrecorded amendment against you, and you can’t rely on an unrecorded amendment that would help your position.
When you pull CC&Rs from the recorder, look for supplemental documents recorded after the original declaration. They appear as separate filings and are often titled “First Amendment to Declaration” or something similar. Read all of them. The most recent recorded amendment supersedes any conflicting language in the original.
Ignore Discriminatory Provisions in Older Documents
If the CC&Rs were recorded before the late 1960s, you may run into provisions restricting property ownership or occupancy based on race, religion, or national origin. Those provisions are void and unenforceable even though the text may still be sitting in the recorded document.
Two federal statutes do the work. The Civil Rights Act of 1866 guarantees all citizens the same property rights regardless of race.2Office of the Law Revision Counsel. 42 USC 1982 – Property Rights of Citizens The Fair Housing Act prohibits discrimination in housing based on race, color, religion, sex, familial status, national origin, or disability.3Office of the Law Revision Counsel. 42 USC 3604 – Discrimination in the Sale or Rental of Housing Any CC&R provision that conflicts with these laws is automatically void, regardless of what the recorded document says. Some states have set up procedures to formally strike discriminatory language from recorded CC&Rs, but the provisions have no legal effect either way.