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HOA + deed restrictions vs. zoning — three regimes that govern what you can do

When a buyer says 'I checked the zoning, can I add a fence?' — they've checked one of three regimes. The other two often govern different decisions about the same property.

Published 2026-04-25 · Last reviewed 2026-07-03 · methodology

Zoning — government rule

Set by city/county planning department. Public record. Determines: building height, setback, lot coverage, allowed uses (residential, commercial, mixed), parking minimums.

Changes via rezoning vote (slow, public, requires neighbor notification).

If you violate, the city issues code-violation notices + fines.

HOA covenants (CC&Rs) — private contract among neighbors

Conditions, Covenants & Restrictions. Set by the developer when the subdivision was platted; enforced by the Homeowners Association board going forward.

Determines: paint colors, landscaping, fence types, parking rules, holiday decorations, RV/boat parking, short-term rentals.

Filed with the county recorder; binding on every parcel in the subdivision in perpetuity (sometimes amendable by majority vote).

If you violate, the HOA fines you AND can place a lien on your property (which compounds + can lead to foreclosure in some states).

Deed restrictions — old private contracts

Restrictions written into the deed itself by a prior owner or developer, often decades ago. Run with the land.

Common ones: minimum square footage, no commercial use, no mobile homes, no fence above 6 feet, certain architectural styles.

Some old deeds include illegal racial restrictions — these are unenforceable per Shelley v. Kraemer (1948) but often still in the document text. Title companies usually flag.

Enforcement: any neighbor can sue. Practical enforcement is uneven; some run-with-land restrictions are dormant for decades until a conflict arises.

Hierarchy + conflict

Government zoning trumps HOA + deed restrictions where federal law applies (FHA reasonable accommodation, ADA, religious-symbol disputes).

But where law allows: HOA + deed are STRICTER than zoning is the common rule. You can have R-1 zoning that allows duplexes + an HOA that bans them. The HOA wins.

Always check ALL THREE before you buy or before you build.

What zipradar shows

Government zoning code from municipal planning. We surface that.

HOA + deed restrictions are private documents, often only in the title company's file. We do not federate these.

Pre-purchase: ALWAYS ask your real-estate agent or title company for the HOA disclosure packet + deed restrictions text. Most states require disclosure within X days of contract.