To find the CC&Rs for your property, start with your closing paperwork, then go to the county recorder’s office where the documents are officially filed, and check with your HOA if you’re in a governed community. CC&Rs (Covenants, Conditions, and Restrictions) are recorded against your property’s title, so they bind every owner whether or not a copy ever changed hands. The recorder’s office holds the authoritative version, but for most homeowners a copy sits somewhere in the closing binder already.
Start With Your Closing Documents
The fastest and cheapest source is the paperwork you received when you bought the property. At closing, the title company or settlement agent assembles all recorded encumbrances affecting the title, and CC&Rs are almost always in that package. Buyers in the last decade or so usually got a digital copy too.
Look specifically at the preliminary title report or title commitment issued before closing. CC&Rs appear in Schedule B under “Exceptions,” listed alongside easements and other recorded encumbrances. The full text is usually attached as a separate exhibit or provided with the report. Your closing binder or digital closing folder is the place to check before contacting anyone else.
One caution. Closing documents reflect the CC&Rs as they stood on your purchase date. If the community has amended them since, your copy is out of date. For older purchases especially, treat the closing file as a starting point rather than the final word.
County Recorder’s Office
The county recorder, sometimes called the clerk-recorder or register of deeds depending on where you live, is the official custodian of CC&Rs. When a developer creates a planned community or subdivision, the CC&Rs are recorded there, and any later amendments must also be recorded to take legal effect. That makes the recorder’s office the single most authoritative source for the current, complete version.
To search, you’ll typically need the property’s legal description or parcel number. Both appear on your property tax bill or deed. Many recorder offices now maintain searchable online portals where you can look up recorded documents by parcel number, property address, or the names of the parties involved. Access varies. Some counties let you view and download full document images for free; others charge a per-page fee or require you to visit in person.
If your county doesn’t offer online access, go to the recorder’s office and request a search. Staff can pull documents tied to your parcel and provide certified or uncertified copies. Fees for copies vary by jurisdiction but typically run a few dollars per page. Bring your parcel number or property address to speed things up. For properties with a long recording history, you may find several CC&R documents, including the original declaration and later amendments, so ask for everything tied to your parcel rather than just the most recent filing.
Your Homeowners Association
If your property sits in an HOA-governed community, the association is a practical source. HOAs enforce these rules daily and keep current copies of all governing documents, including the original CC&Rs, any recorded amendments, bylaws, and rules. Many associations post them on a members-only portal, which makes retrieval nearly instant.
If the documents aren’t posted, submit a written request to the HOA board or management company. Most states require associations to make governing documents available to members within a set timeframe after a written request. Response deadlines vary by state but commonly fall between 10 and 30 days. Some associations charge a nominal fee for paper copies or a document package, and those fees are often capped by state law.
HOA copies have a practical advantage over county records. The association usually compiles the original CC&Rs with all recorded amendments into a single consolidated document, saving you the work of piecing together separate filings. Just confirm the version you receive is the recorded version, not an internal draft. An amendment that was voted on but never recorded with the county has no legal force, regardless of what the board says.
Title Company Search
When you bought your home, the title company performed a comprehensive search of all recorded documents affecting the property, and CC&Rs were part of that search. If the recorder’s office and HOA don’t get you what you need, you can contact any title company and request a fresh search. This helps for properties with complicated recording histories or multiple amendments, because title companies specialize in assembling a full chain of title.
A standalone title search outside a purchase transaction comes out of your pocket. Fees typically start around $100 to $250, depending on the company and the complexity of the record. In return you get a thorough report identifying every recorded encumbrance, including CC&Rs, liens, easements, and deed restrictions. For most homeowners simply looking for the CC&Rs, the recorder’s office or the HOA is faster and cheaper. A title search is a solid backup when those routes come up short.
Make Sure You Have the Current Version
Finding a copy is only half the job. CC&Rs are living documents that homeowners can amend by vote, and many communities have modified their restrictions more than once. The version you received at closing, or the one posted on your HOA’s site, may not reflect the latest amendments. The recorded, amended version is what’s legally enforceable.
Two checks confirm you have the current version. First, search the county recorder’s records for any amendments filed after the date of the CC&Rs you already have. Amendments are recorded as separate documents referencing the original recording number, so searching by subdivision name or the original document number usually turns them up. Second, if you’re in an HOA community, ask the board or management company to confirm in writing that the version they provided includes all recorded amendments through the current date.
A valid CC&R amendment requires two things: approval by the membership at the threshold specified in the original CC&Rs (often a supermajority such as two-thirds of all owners), and recording with the county. If someone on your HOA board claims a rule changed but can’t point to a recorded amendment, that change isn’t enforceable. You’re entitled to request copies of meeting minutes documenting the amendment vote, and you can independently verify recording at the county recorder’s office.
A Note on Older CC&Rs
Two situations catch homeowners off guard when they finally read what’s in their recorded documents.
If your home sits in a neighborhood developed before the late 1960s, the original CC&Rs may contain discriminatory restrictions. Clauses prohibiting sale or occupancy based on race, religion, or national origin were common in American real estate through the mid-twentieth century. These provisions have been unenforceable since the Supreme Court’s 1948 decision in Shelley v. Kraemer, and the Fair Housing Act of 1968 prohibits housing discrimination based on race, color, religion, sex, familial status, or national origin.1Justia US Supreme Court. Shelley v. Kraemer, 334 U.S. 1 (1948)2Office of the Law Revision Counsel. 42 U.S. Code 3604 – Discrimination in the Sale or Rental of Housing Any discriminatory clause you find is legally dead, but the language may still sit in the recorded documents. A growing number of states let homeowners record a modification document that formally redacts unlawful language from the property record; some waive the recording fee for these filings. Check with your county recorder to see whether your state offers the procedure.3eCFR. Part 100 – Discriminatory Conduct Under the Fair Housing Act
Second, CC&Rs don’t necessarily last forever. Some declarations include a built-in expiration date or a term of years (commonly 20 to 30), after which the restrictions lapse unless the community votes to renew them. Read the final sections of your CC&Rs carefully for any duration or renewal clause. A number of states have also adopted a Marketable Record Title Act, which can extinguish old covenants after a set period (often 30 years) unless the interest holder files a notice of preservation in the public records. If you suspect your CC&Rs may have lapsed, check the recorder’s records for a preservation notice; if none was filed and the statutory period has passed, a real estate attorney in your state can tell you whether the restrictions are still enforceable.