Purchasing a Deed Restricted House

The first step is obtaining the exact legal wording of the restriction. Don’t rely on what a neighbor says; get the recorded document from the County Clerk or the HOA board. You need to know exactly who has the power to enforce the rule.

If the governing body refuses to budge, you can sue to have the restriction vacated. A judge may strike down a restriction if it is:

• Illegal: Such as discriminatory covenants based on race or religion (which are now unconstitutional).

• Vague: Rules that are too “subjective” to follow.

• Outdated: If the neighborhood has changed so much that the rule no longer makes sense (e.g., a “no-motorized-vehicles” rule from 1910).

If a vote is required, you’ll need to campaign. Changes are more likely to succeed if you can prove the restriction no longer serves the community’s best interest or that it is being “selectively enforced” (i.e., other people are already breaking the rule without penalty).

If your home is in an HOA, attend a board meeting. Explain why the restriction is outdated (e.g., a ban on solar panels in an era of green energy). The board may be willing to grant a waiver or a variance, which is an individual exception to the rule that doesn’t require changing the deed for everyone.

Check for “amendment clauses.” Most deed restrictions include a specific section outlining how they can be changed—such as requiring a 67% or 75% vote from the neighborhood. Also, look for an expiration date; you might find the rule is set to vanish on its own in a few years.

Yes, but it is often a difficult legal climb. Because a deed restriction is a contract between the property owner and a governing body (like an HOA or a developer), you generally need the consent of that body or a significant majority of your neighbors to amend it.

It depends on the original wording.

• Perpetual: Many restrictions “run with the land” and never expire.

• Term-Limited: Some expire after a set period (e.g., 25 or 30 years).

• Renewable: Many modern HOA covenants automatically renew every 10 years unless a majority of owners vote to end them.

Because these rules are “hidden” in the legal description of the property, you can find them by:

• Ordering a Title Search: This is the most reliable way to uncover recorded covenants.

• Reviewing the CC&Rs: Ask the seller or HOA for the “Covenants, Conditions, and Restrictions” document.

• Checking Public Records: Visit your local county recorder’s office to view the historical deed.

These rules vary widely depending on the community’s goals, but typically include:

• Exterior Aesthetics: Limits on paint colors, fencing materials, or roof types.

• Vehicle & Parking: Prohibitions on parking RVs, boats, or commercial trucks in the driveway.

• Business Activities: Bans on running a business that increases neighborhood traffic.

• Property Maintenance: Requirements for lawn height, tree removal, and trash can storage.

• Affordability Caps: Limits on the future resale price to keep the home affordable for low-income buyers (common in “Community Land Trusts”).

A deed restriction (also known as a restrictive covenant) is a legal rule written into a property’s deed that limits how the land or structures can be used. Unlike city zoning, which applies to entire districts, these are “private” rules attached to the specific property and stay with the home even when it is sold to a new owner.