The One Document Buyers Ignore (That Could Cost You Thousands)

When it comes to buying a home, most buyers obsess over square footage, granite counters, and school zones.
But there’s one document that could cost you thousands — and most people don’t even read it.

It’s called the CC&Rs: Covenants, Conditions, and Restrictions.

I’m Tiffany Webber, a real estate attorney in North Carolina, and at Thomas & Webber, we review these documents every day.
Here’s what you need to know — and why you should never go under contract without reading them.

What Are CC&Rs?

Covenants, Conditions, and Restrictions (aka CC&Rs) are legal rules that limit how you can use your property.
They’re recorded in public records and usually attached to a neighborhood — but not always. Even rural land and “no HOA” homes can have restrictions baked into the deed.

What’s Hiding in These Documents?

If you think it’s just about not parking on the grass, think again.

CC&Rs can include:

• 🚫 Minimum home sizes (yes, really — we once saw 4,500 sq. ft. minimums)

• 🐶 Pet restrictions — including breed bans or no exotic animals

• 🛻 Vehicle rules — no work trucks, boats, or RVs allowed in the driveway

• 🏠 Architectural rules — fences, paint colors, or any exterior changes must be approved

• 🔄 Rental limits — restrictions on short-term or even long-term leases

• 📅 Occupancy caps — only X% of homes can be rented at any time

If you’re planning to rent your home in a few years… or you’re not into asking for permission to change a light fixture… you need to read every word of these documents.

HOA Fines Can Snowball into Foreclosure

Many CC&Rs explain the HOA’s power to:

• Fine you for violations (like not mowing your lawn)

• Charge interest and penalties

• File a lien on your property

• And yes — even foreclose if fines go unpaid

We’ve seen sellers show up to closing with active foreclosure proceedings over unpaid HOA fines. Don’t be that person.

Red Flags to Watch For

Some buyers want total freedom. Others just want to rent their home in a few years.
Either way, look for restrictions that block things you care about.

🚩 Want to build a smaller home? Check the minimum square footage.
🚩 Want to Airbnb the house? Look for short-term rental bans.
🚩 Plan to park your RV? Watch for driveway vehicle restrictions.
🚩 Thinking about future investment? Pay attention to rental caps and occupancy limits.

These are things that can kill a deal after you’re already under contract — and cost you your due diligence money.

Yes, It’s Boring. That’s Why We’re Here.

The CC&Rs can be 50+ pages.
They may be scattered across multiple amendments or buried in legalese.
They might even contradict each other.

That’s why our real estate attorneys are often hired before a buyer even writes an offer. We walk you through:

• What’s actually enforceable

• What your risks are

• And whether you can safely move forward

Even experienced buyers get surprised. Don’t let that be you.

When Should You Review CC&Rs?

Before. You. Go. Under. Contract.
That’s the safest route — and one most people skip. But even if you’re already under contract, reviewing the CC&Rs during the due diligence period can help you walk away (with your earnest money intact) if something’s a dealbreaker.

Want to Close Without Surprises?

At Thomas & Webber, we help buyers across Mooresville, Lake Norman, and greater North Carolina close with confidence.
From first-time buyers to real estate investors, we’ve seen it all — and we’ll help you avoid the gotchas hiding in the paperwork.

👉 Send your contract to [email protected] — and let us read the fine print before it costs you thousands.