When do Deed Restrictions Expire?

Deed restrictions are rules recorded on the deed of a property that govern what homeowners can and cannot do. They may include guidelines about property appearance, home businesses, pets, parking, or other aspects of community life. These restrictions are often a core part of a homeowners association’s (HOA) governing documents and continue to apply even as ownership changes.

Are Deed Restrictions Permanent?

In most cases, deed restrictions do not expire unless a specific expiration date is included in the recorded documents. These restrictions generally remain in place indefinitely and carry over to each new owner. In some communities, deed restrictions are tied directly to association bylaws or the Declarations of Covenants, Conditions, and Restrictions (DCCRs).

When a deed restriction includes an expiration date, some associations may renew it through a vote by the board or community members. However, unless updated or removed through proper legal channels, restrictions stay in effect.

Understanding and Complying With Deed Restrictions

Homeowners within a community association are legally bound to the restrictions recorded on their lot. It is essential for both residents and board members to ensure compliance with local, state, and federal laws when interpreting or enforcing deed restrictions. Outdated or legally unenforceable restrictions may still appear in documents, even though they no longer hold legal weight.

Boards may choose to amend restrictions to align with current legislation. While not required in all cases, updating these documents can reduce confusion and ensure better community compliance.

Requesting Clarification or Modifications

When deed restrictions are unclear or vague, homeowners can request clarification from the association. This may involve interpretation of terms related to maintenance standards or design uniformity. Boards may consult legal counsel to determine how these should be applied.

For specific circumstances, boards may consider waivers or variances, allowing temporary or limited exceptions to certain restrictions. These should be handled with consistency and fairness, ensuring that all homeowners are treated equally.

Amending or Challenging Restrictions

If a deed restriction is no longer practical or beneficial to the community, residents can initiate efforts to amend it. This typically involves:

• Asking the board to review the restriction
• Working with a Rules Committee or legal advisor to draft updates
• Conducting a formal vote among association members

Changes usually require approval by a supermajority, as outlined in the community’s governing documents. Legal review is critical to confirm whether changes are permitted under current statutes.

Keeping Deed Restrictions Up to Date

Boards are encouraged to periodically review and update outdated or unenforceable restrictions. Clear, enforceable, and current documents benefit both new and existing homeowners by reducing confusion and increasing transparency. Although amending deed restrictions can be complex and costly, it ultimately supports stronger governance and community trust.

Ensuring that your association’s deed restrictions are legally sound, up to date, and clearly written helps create a more transparent and harmonious community. If the community feels changes are needed, working with the board and following proper procedures can lead to long-term benefits for all residents.

Know Where Your Deed Restrictions Stand

Deed restrictions can last decades—or forever—depending on how they're written. Understanding their expiration, renewal, or amendment process is key to avoiding compliance issues and protecting your community’s integrity.

Need help navigating your community’s deed restrictions? RealManage offers expert HOA management services to keep your association informed, compliant, and thriving. Contact us today to get started.