What Are Restrictive Covenants?

This article provides general information based primarily on the Tallahassee Board of REALTORS® Contract for Sale and Purchase, revised March 2026. Individual transactions may involve different contracts, amendments, addenda, or statutory requirements. This article is not legal advice. Consult a Florida real estate attorney regarding specific contractual rights or disputes.

When purchasing a home in Tallahassee, you may discover that the property is subject to restrictive covenants. These are rules or limitations that can affect how a property is used, maintained, or modified.

Understanding these restrictions before purchasing a home can help prevent unexpected surprises down the road.

What Are Restrictive Covenants?

Restrictive covenants, sometimes called deed restrictions, are legally binding restrictions placed on a property, often by a developer when a neighborhood is established.

They are generally recorded in the county's public records and may remain applicable when the property changes ownership.

Restrictive covenants can exist even in neighborhoods without a homeowners association (HOA).

What Can Restrictive Covenants Regulate?

Depending on the property and community, restrictive covenants may address:

• Exterior Changes: Paint colors, fencing, additions, and architectural modifications.
• Parking: Restrictions involving boats, recreational vehicles, commercial vehicles, or trailers.
• Landscaping: Lawn maintenance, tree removal, and exterior improvements.
• Property Use: Rental restrictions, home-based businesses, and other permitted uses.
• Additional Structures: Sheds, detached garages, and other improvements.

Not every community has the same restrictions, and some restrictions may be limited by Florida law.

Are Restrictive Covenants the Same as HOA Rules?

Not exactly. Restrictive covenants are typically recorded restrictions affecting a property, while an HOA may also establish additional rules governing the community.

A neighborhood does not necessarily need an active HOA for restrictive covenants to apply.

Depending on the governing documents and applicable law, certain restrictions may be enforceable by an association or other property owners.

Where Can You Find Restrictive Covenants?

In Tallahassee, recorded restrictive covenants may be available through the Leon County Clerk of Court's Official Records.

You may also request copies from the HOA, property management company, or appropriate closing professional.

Be sure to review the current documents, including any amendments, rather than relying solely on the original restrictions.

What Does the Tallahassee Real Estate Contract Say?

If the applicable contingency is selected, the buyer has five calendar days from the Contract Date to obtain the restrictive covenants and find them satisfactory.

This contingency is optional, so it is important to confirm whether it is included in your contract.

For properties with mandatory HOA membership, the contract also addresses a required homeowners association disclosure.

Bottom Line

Restrictive covenants can affect everything from installing a fence to parking a recreational vehicle or renting out your property.

Before purchasing a home in Tallahassee, take time to review any applicable restrictions and make sure they align with how you intend to use the property.

This article provides general information based primarily on the Tallahassee Board of REALTORS® Contract for Sale and Purchase, revised March 2026. Individual transactions may involve different contracts, amendments, addenda, or statutory requirements. This article is not legal advice. Consult a Florida real estate attorney regarding specific contractual rights or disputes.