HOA Governing Documents Explained: CC&Rs, Bylaws, and Rules

The Three Governing Documents Every HOA Has

Every HOA operates under a hierarchy of governing documents. Understanding which document governs which issue — and what happens when they conflict — is fundamental knowledge for any board member or homeowner.

1. The Declaration of CC&Rs

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is the most legally significant HOA document. It is recorded in the county land records and runs with the land — meaning it binds every owner who purchases a home in the community, whether or not they've read it.

The CC&Rs typically cover:

• What the association is and what it owns (common areas)
• Membership obligations (every homeowner is automatically a member)
• The obligation to pay dues and assessments
• General use restrictions (pet policies, leasing restrictions, architectural standards)
• The process for amending the CC&Rs (usually requires a supermajority vote)

Because CC&Rs are recorded and binding on future purchasers, they are the hardest to change and carry the most legal weight.

2. The Bylaws

The bylaws govern how the association operates as an organization — how it is structured, how the board is elected, how meetings are conducted, and what the board's powers are.

The bylaws typically cover:

• Board composition and terms of office
• Election procedures
• Meeting notice requirements and quorum thresholds
• Board officers and their duties
• How the board makes decisions (voting requirements)
• Amendment procedures (usually requires a member vote)

3. Rules and Regulations

Rules and regulations (sometimes called "house rules") are the day-to-day operational policies that the board can typically adopt and amend without a homeowner vote, as long as the rules don't contradict the CC&Rs or bylaws.

Rules and regulations typically cover:

• Pool hours and guest policies
• Parking rules and vehicle restrictions
• Trash and recycling policies
• Noise and nuisance standards
• Move-in/move-out procedures
• Pet rules (more specific than CC&R provisions)

Because the board can usually amend rules without a member vote, rules are the most flexible — but they carry the least legal weight. Rules cannot override CC&Rs or bylaws.

The Hierarchy: Which Document Controls?

When documents conflict, the hierarchy is: state law > CC&Rs > bylaws > rules and regulations. A rule that contradicts the CC&Rs is unenforceable. A bylaw provision that contradicts state law is unenforceable.

This matters in practice. A board that wants to add a leasing restriction must amend the CC&Rs — not just adopt a rule — because leasing restrictions are a property rights issue that must be in the recorded document.

Frequently Asked Questions

How do homeowners get copies of the governing documents?

Governing documents must be provided to homeowners on request. Many states require the association to provide them within a specific timeframe — often 10 days. In most associations, the management company maintains master copies and provides them digitally.

Can the CC&Rs be changed?

Yes, but it typically requires a supermajority of homeowners — often 67% or 75% — plus board approval. This high threshold is intentional: the CC&Rs are designed to be stable, long-term commitments.

What if the CC&Rs are outdated?

Many HOAs have CC&Rs written in the 1970s or 1980s that contain outdated provisions or fail to address modern issues like short-term rentals, electric vehicle charging, or solar panels. Updating CC&Rs through the amendment process — or adopting rules that fill the gaps — is common. An HOA attorney can advise on the best approach.