Overview

For many California homeowners, the CC&Rs feel overwhelming. That’s perfectly normal because they aren’t written for laypeople. They are long, almost always filled with outdated, legal jargon-filled language, and packed with technical provisions that seem far removed from anyone’s daily life. As a result, most owners never read their CC&Rs from start to finish (if at all). But, while this is perfectly understandable, it is not a good idea. Your CC&Rs determine who pays for repairs, what rules govern your property, and the limits on both your conduct and your HOA’s authority.

The good news is that you do not need to read every page. In fact, in most situations, you’re fairly safe in skipping most of provisions contained in your HOA’s CC&Rs because many sections address rare or technical scenarios that never affect homeowners once the community is fully established.

This Fact Sheet explains which parts of your CC&Rs you can safely set aside (unless some unforeseen future event makes them relevant) and which provisions you absolutely must read, understand, and keep accessible whenever questions or disputes arise.

For a deeper dive into this topic, see my full-length article on which parts of your HOA’s CC&Rs you must read and which parts you can safely skip, “CC&Rs Explained: The Only Parts You Need to Read.”

Or, if you’d prefer to watch or listen to an episode of my podcast, HOA HELL, dedicated to the same subject, then watch “HOA CC&Rs: The Only Sections You Actually Need to Read.”

Key Points

Most CC&Rs contain far more information than the average homeowner ever needs to review. Some provisions rarely (if ever) come into play, while others define the core of your rights and obligations. The following represent some of the more common provisions of your CC&Rs that you can safely skip and the ones that every owner should read and understand.

• Certain CC&R provisions are generally safe to skip unless unusual circumstances arise (which they rarely, if ever, do). These sections remain legally binding, but they almost never affect daily life in an established HOA. So, unless your circumstances differ from most people’s, here are some examples of the more common provisions of your HOA’s CC&Rs that you can safely skip:
  • Conflicts between documents. Your CC&Rs may contain one or more provisions about what happens when there’s a conflict amongst different governing documents. But Civil Code 4205 already establishes the hierarchy between statutes, CC&Rs, Bylaws, and Rules, making these sections largely redundant.
  • Declarant or developer rights. These provisions grant special rights to the developer, often called the Declarant, while the project is being built and sold. Once the developer has finished and control has transferred to the owners, these rights typically expire and have no ongoing effect on your ownership.
  • Damage or destruction provisions. These matter only in catastrophic situations involving widespread physical loss, say from a fire, earthquake, or another natural disaster.
  • Eminent domain or condemnation. These provisions explain what happens if a government entity takes part or all of the association’s or your property for public use (e.g., to build a road, school, or rail system). Because most homeowners never face this situation, these sections rarely come into play.
  • Mortgagee or lender rights. These protect lenders rather than homeowners. They address matters like foreclosure rights, lien priority, or lender notices. They do not grant meaningful rights to you as a homeowner and can usually be set aside.
  • Annexation provisions. Annexation provisions describe how new property or additional phases can be added to the development. Unless your HOA is still growing, these provisions are unlikely to matter in practice.
  • Power of attorney to the HOA. These sections give the HOA limited authority to act on behalf of the membership for certain technical purposes. They rarely affect how you live in the community and can usually be ignored.
  • Tax lien priority clauses. Some CC&Rs state that tax liens have priority over HOA liens. These restate rules already largely controlled by California law.
  • Fidelity bond and insurance requirements imposed by statute. Your CC&Rs may mention fidelity insurance to protect against fraud or dishonesty by those handling association funds. The Davis-Stirling Act already requires this coverage.
• Some CC&R provisions define the core of your rights and obligations, and you should therefore read them and understand what they mean. These core provisions control who pays for specific components, what you can and cannot do with your property, and how your HOA can adopt and enforce rules. These provisions include, for the example, the following:
  • Maintenance and repair obligations. These provisions explain who is responsible for repairing and replacing roofs, exterior walls, balconies, plumbing, landscaping, and other major components. If the HOA is responsible, repairs are funded from assessments. If you are responsible, the cost comes directly out of your pocket. Misunderstanding these provisions can result in expensive disputes and unexpected bills.
  • Definitions of common area and exclusive use common area. These sections clarify which parts of the property are shared by all members and which areas are reserved for your exclusive use, such as patios, balconies, storage units, or assigned parking spaces. This distinction affects both your maintenance duties and your rights to make changes.
  • Use restrictions. These provisions govern everyday activities such as pets, vehicles, parking, rentals, smoking, landscaping, noise, home businesses, etc. Boards rely heavily on these sections when enforcing rules and discipline. Knowing what they say helps you avoid violations and understand where the board’s limits are.
  • Architectural control and approval process. These sections address how you must seek approval before modifying your property. They may explain how to submit an application, how long the HOA has to respond, and whether silence means approval. Because architectural guidelines can add to, but not conflict with, what the CC&Rs say, this section is essential for any homeowner planning improvements. For a quick reference guide on the nature of your board’s authority over your architectural improvements, you can read my Fact Sheet, “California HOA Architectural Guidelines: What Boards Can and Can’t Control.”
  • Rulemaking authority. These provisions describe whether and how the HOA can adopt rules. They explain whether the board has authority to create and enforce rules and what limitations apply. This section is important because it defines the scope of the board’s power to regulate your conduct beyond what’s contained in your HOA’s other governing documents. If you want to learn more about your HOA’s rulemaking authority, check out an HOA HELL podcast episode called “Can Your HOA Change the Rules Without a Vote? What California Law Actually Says.”
  • Enforcement and fines. These sections outline the procedures the HOA must follow before imposing fines or suspending privileges, including notice and hearing requirements. They also make clear that punishment must be tied to actual governing document violations. Understanding these provisions protects you from improper discipline and helps you recognize when the HOA is violating your rights.
  • Nuisance provisions. These provisions prohibit activities that interfere with another resident’s use and enjoyment of their property, such as excessive noise, odors, smoke, threatening behavior, rule violations, illegal activities, and other disruptions. Because the Davis-Stirling Act imposes on HOAs a legal duty to enforce nuisance provisions, they are among the most frequently invoked in both neighbor-to-neighbor disputes and disputes between homeowners and their HOAs.
  • Signs and displays. These sections explain what kinds of signs, flags, or displays are allowed on your property. While the Davis-Stirling Act and other state/federal laws protects some rights, such as certain non-commercial signs and American flags, other displays remain subject to HOA restrictions.
  • Party walls and shared structures. These provisions address shared walls, fences, driveways, or other structures between homes. They determine who pays for repairs, how costs are shared, and how disputes between neighbors are addressed. If you are subject to such a shared component, it’s critical for you to be aware of your rights and obligations.
  • Easements. These sections describe easement rights for utilities, access, or maintenance. [I am not referring to privately negotiated easements that may exist.] They explain when you must allow others to use parts of your property and when you may use portions of HOA or neighbor property for limited purposes. For example, in communities with zero lot lines, reciprocal easement rights will always exist.
  • Insurance requirements. Some provisions require individual owners to carry specific insurance coverage. Others describe what coverage the HOA must maintain. Both affect your risk and financial exposure.
  • Voting rights and amendment procedures. These provisions explain how votes are counted, how meetings are called, and what percentage of owners is needed to amend the CC&Rs. They define how power is exercised within the community.
  • Assessment allocation. These sections explain how regular and special assessments are calculated and allocated, whether equally among all owners or based on square footage or housing type. They help you verify that you are being charged correctly and understand how your share will be determined.

Focusing on critical CC&R provisions is both efficient and protective. By prioritizing sections that control things like maintenance, use restrictions, architectural approvals, enforcement powers, voting rights, and assessments, you gain the practical knowledge needed to protect your property and assert your rights. At the same time, you avoid wasting time on provisions that rarely affect you. When approached this way, the CC&Rs become a manageable and useful rulebook rather than an impenetrable wall of legalese.

FAQs

About MBK Chapman Fact Sheets

Homeowners searching for answers online will often come across articles that appear authoritative, but are actually written as search-engine marketing content rather than by an experienced HOA lawyer. These pieces tend to prioritize keyword density over clarity, accuracy, or legal context, which often leaves homeowners more confused than informed.

At MBK Chapman, our Fact Sheets are part of our HOA Law Library and are written by Michael Kushner, an HOA lawyer with decades of hands-on experience representing California homeowners. In fact, Michael Kushner is the HOA lawyer who pioneered the systems and strategies used by some of California’s most successful homeowner-side HOA law firms.

Each Fact Sheet is deliberately concise, statute-based, and designed as a quick-reference guide to help homeowners understand key HOA laws and enforcement rules at a glance.

AND DON’T FORGET TO TUNE INTO MY PODCAST, HOA HELL

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