HOA GOVERNING DOCUMENTS: PURPOSE AND HIERARCHY
1. CC&Rs (Covenants, Conditions & Restrictions)
Primary Purpose
- Creates the legal foundation for the community
- Establishes property rights and restrictions
- Runs with the land (binds all future owners)
- Requires formal recording with county records
Typical Contents
- Property descriptions and boundaries
- Ownership rights and obligations
- Use restrictions on property
- Assessment authority and requirements
- Maintenance responsibilities
- Architectural control requirements
Examples
- "All homes must be single-family residences"
- "No exterior modifications without approval"
- "Property owners must pay monthly or annual assessments"
- "Homes cannot exceed two stories"
2. BYLAWS
Primary Purpose
- Governs HOA operations and procedures
- Establishes how the association functions
- Creates operational framework
- Not typically recorded with county
Typical Contents
- Board structure and duties
- Voting rights and procedures
- Meeting requirements
- Election procedures
- Officer roles and responsibilities
- Committee structures
- Amendment procedures
Examples
- "Board meetings require 7 days notice"
- "Annual meetings need 51% quorum"
- "Board consists of 5 directors serving 2-year terms"
- "Treasurer must present monthly financial reports"
3. RULES AND REGULATIONS
Primary Purpose
- Implements day-to-day community standards
- Provides specific details for CC&R enforcement
- Can be changed more easily than CC&Rs
- Created under authority of CC&Rs
Typical Contents
- Parking rules
- Pet policies
- Pool/amenity usage
- Noise restrictions
- Trash collection
- Holiday decorations
- Landscaping details
Examples
- "Pool hours are 8am to 10pm"
- "Two pets maximum per household"
- "Garbage bins must be removed by 8pm on collection day"
- "Holiday lights must be removed by January 15"
HIERARCHY AND RELATIONSHIPS
Legal Authority (Highest to Lowest)
1. Federal and State Laws
2. CC&Rs
3. Articles of Incorporation
4. Bylaws
5. Rules and Regulations
Amendment Difficulty
- CC&Rs: Most difficult (often 67-75% owner approval)
- Bylaws: Moderately difficult (often 51% owner approval)
- Rules: Easiest (typically board vote only)
Enforcement Considerations
1. CC&Rs
- Strongest enforcement
- Court-enforceable
- Runs with the land
- Requires amendment for changes
2. Bylaws
- Governs association operations
- Enforceable through corporate law
- Requires membership vote to change
- Focuses on procedures
3. Rules
- Most flexible
- Must align with CC&Rs
- Can be changed by board
- Addresses daily operations
PRACTICAL APPLICATIONS : When to Use Each Document
CC&Rs for:
- Fundamental property restrictions
- Assessment authority
- Basic use restrictions
- Legal rights and obligations
Bylaws for:
- Meeting procedures
- Voting requirements
- Board operations
- Corporate governance
Rules for:
- Specific implementation details
- Amenity usage
- Day-to-day operations
- Temporary or seasonal issues
Document Interactions
- Rules must comply with Bylaws and CC&Rs
- Bylaws must comply with CC&Rs
- All documents must comply with state/federal law
- More specific documents cannot contradict more general ones