A deed restriction—also known as a restrictive covenant—is a limitation on how a piece of property can be used. Deed restrictions may limit activities on a property, uses of a property, and the type of home or building that can be built on a property.

Deed restrictions are essentially contractual promises or agreements (covenants) regarding the use of property and a buyer agrees to the deed restrictions when purchasing the property.

Homeowners’ associations (HOAs), residential subdivisions, and neighborhood and community associations often have deed restrictions on what can be placed, stored, or done on the property. Deed restrictions commonly address:

• fences (height, material)

• home businesses

• exterior colors

• motor vehicles without current license plates

• recreational vehicles (RVs)

• mobile homes

• boats and trailers

• farm animals

• yard signs

• dividing lots (for resale)

• short term rentals (Airbnb)

• setbacks (from the street)

• house sizes

• architecture (with approval required by committee)

• pets

• dues and assessments

• single-family residential dwellings only

• obstruction of neighbors’ views

• planting trees, shrubs, bushes

• other buildings and structures

Deed restrictions may be volunteered by a residential or commercial property owner in connection with a zoning change application. In that context the volunteered deed restrictions are intended to address specific conditions on the property to make the proposed zoning classification more appropriate.

Deed restrictions are usually enforceable if they are (1) reasonable; (2) not immoral or illegal; and (3) not contrary to public policy.

In Hawaii, deed restrictions, also known as restrictive covenants, are limitations placed on the use of property that are agreed upon when a buyer purchases the property. These restrictions can dictate various aspects of property use, including but not limited to the type of structures that can be built, the activities allowed on the property, and the appearance of the property. Homeowners' associations (HOAs) and other community organizations often establish such restrictions to maintain a certain standard or aesthetic within a community. Deed restrictions can cover a wide range of specifics, such as fence specifications, home business operations, exterior colors, parking for certain vehicles, pet ownership, and more. In Hawaii, as elsewhere, for deed restrictions to be enforceable, they must be reasonable, legal, and not against public policy. Additionally, property owners may voluntarily impose deed restrictions in the context of a zoning change application to address particular conditions on the property and make a new zoning classification more suitable. It's important for property owners and potential buyers in Hawaii to review any deed restrictions carefully before purchasing property to ensure they can comply with the terms.