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What Are HOA Rules and Deed Restrictions in a New Community?

What they govern, what to read before you buy a lot, and why they exist.

Deed restrictions and HOA rules are the written standards that govern what can be built in a community and how properties can be used. They're the reason the house next door will look like it belongs, and also the reason you may need approval for a fence.

What they typically govern

  • Minimum square footage, sometimes broken out by one-story and two-story homes
  • Exterior materials and colors, and sometimes roofing and window specifications
  • Rooflines, elevations and garage orientation
  • Setbacks beyond what zoning requires
  • Fencing, often height, material and location
  • Outbuildings and sheds, frequently prohibited or tightly limited
  • Landscaping requirements, sometimes including a tree count or a sod requirement
  • Parking, including boats, RVs and commercial vehicles
  • Time limits for starting and completing construction after purchase

Architectural review

Many communities require plan approval before permitting. This adds a step and a timeline to your project, and occasionally requires a design change. It's worth knowing about during design rather than after. Ask what the review process is, how long it takes, and who sits on the committee.

What to read before you buy

  1. The recorded declaration of covenants, conditions and restrictions. Ask for it in writing and actually read it.
  2. HOA bylaws and any architectural guidelines.
  3. Current dues, what they cover, and their history of increases.
  4. Reserve information, if there are amenities like a pool or clubhouse to maintain.
  5. Any pending special assessments.
  6. The plat, for easements and lot dimensions.

Why they exist

They protect the value of what you're buying. Without standards, nothing prevents the parcel beside you from becoming something that affects your home's value and your daily enjoyment of it. The trade is that the same rules apply to you.

How to think about it

Restrictions aren't good or bad in the abstract; they're a match or a mismatch with how you want to live. If you want a pole barn and three vehicles in the driveway, read carefully. If you want assurance your neighbor won't, that's the same document working in your favor. See own land vs a community.