Restriction
A limitation on the use of property imposed by the governing documents. Restrictions may address pets, parking, rentals, noise, exterior modifications, business use, and many other aspects of property use. Restrictions are intended to maintain property values and community standards. They must be reasonable and uniformly enforced to be legally defensible.
Common Misunderstanding
Restrictions are not arbitrary rules the board invents — they are legally binding provisions in the recorded declaration that run with the land and apply to all owners.
Related Terms
Frequently Asked Questions
Can an HOA restrict me from renting out my home?
Yes, if the CC&Rs include rental restrictions. Common restrictions include minimum lease terms, caps on the number of rentals allowed at any one time, and owner-occupancy requirements. In California, AB 3182 (Civil Code Section 4741) limits the ability of HOAs to prohibit rentals entirely, but reasonable restrictions such as minimum lease terms of 30 days or more are generally permissible.