Restrictive Covenants
Restrictive covenants are rules that limit property use. Learn how HOAs and developers enforce covenants and how they affect buyers.
Definition
Restrictive covenants are legally binding rules that limit how a property may be used or modified. They are commonly found in homeowners association governing documents, subdivision declarations, or deed restrictions. Examples include prohibiting certain architectural styles, specifying exterior paint colors, restricting short‑term rentals, or forbidding commercial activities in residential areas. Restrictive covenants help maintain community standards and property values but can also limit homeowner autonomy. Covenants run with the land and remain in effect when the property is sold. Buyers should review covenants carefully to ensure they align with lifestyle preferences.
Why It Matters
Covenants run with the land, which means they bind you whether or not you read them or agreed with them. They decide if you can rent on Airbnb, park an RV, run a business out of the garage or paint the door the color you want. Racially restrictive language from mid-century Washington plats is void, and RCW 49.60.227 gives owners a process to strike it from the record.
Examples
Short-term rental plans for a Leavenworth home die on a plat restriction barring rentals under 30 days. The purchase model built on $180 a night collapses.
An owner installs a metal roof and receives a violation notice citing a covenant requiring composition shingles. Replacing it costs $14,000.
A homeowner finds 1953 language barring sale to non-white buyers in the chain of title and files under RCW 49.60.227 to have it struck, paying only the recording fee.
Tips
Read the recorded declaration itself, not the association's summary sheet. Amendments record separately, so the rules in force may be spread across four documents filed decades apart.
Find the enforcement clause and see who pays legal fees. Many covenants shift the association's attorney costs onto the losing homeowner, turning a $600 argument into a $9,000 one.
If your plans depend on a use the covenants restrict, get written architectural committee approval while the inspection contingency is still alive, not after closing.
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