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HOA Governing Documents
HOA governing documents form the legal and operational foundation of every homeowners association. These documents define the association’s authority, outline homeowner obligations, establish enforcement standards, and provide the framework for financial and administrative decision-making.
At a minimum, HOA governing documents include the Declaration of Covenants, Conditions & Restrictions (CC&Rs), Articles of Incorporation, Bylaws, and Rules & Regulations. Each serves a distinct purpose within a structured legal hierarchy, and understanding how these documents interact is essential for homeowners, board members, and community managers alike.
Whether reviewing architectural restrictions, interpreting assessment authority, or evaluating amendment procedures, clarity around governing documents helps prevent disputes, ensure compliance with state law, and promote consistent community governance.
What are the HOA Governing Documents
Typically, all associations have governing documents, including Bylaws, CC&Rs (Covenants, Conditions, and Restrictions), and Rules and Regulations. These HOA governing documents outline the rules, policies, and contractual terms that Board members and homeowners must follow within the homeowners association.
In most cases, these governing documents are initially drafted by the community’s developer and enforced and modified as necessary by the Board of Directors.
All new owners moving into a property within an HOA will be given access to the association’s official records for review. As soon as they close escrow, they agree to the legally binding rules and policies mentioned.
HOA Governing Documents Hierarchy
HOA governing documents exist within a legal hierarchy. Each level carries a different degree of authority, and lower documents cannot conflict with higher ones. If a conflict exists between governing documents, the higher-ranking document in the legal hierarchy prevails.
Legal Requirements:
All HOA documents must comply with applicable federal laws (such as the Fair Housing Act), state statutes governing community associations, and local ordinances. If a governing document conflicts with state law, the law prevails.
Covenants, Conditions, and Restrictions (CC&Rs):
The Declaration is the foundation of the association. It is recorded with the county and runs with the land, meaning it binds current and future property owners. The CC&Rs establish assessment authority, maintenance responsibilities, architectural controls, and use restrictions.
Articles of Incorporation:
This document formally establishes the HOA as a nonprofit corporation. It defines the association’s legal existence, corporate structure, and general purpose.
Bylaws:
Bylaws govern how the association operates internally. They outline board structure, elections, voting procedures, meeting requirements, and officer roles.
Rules and Regulations
Rules and regulations are adopted by the board to address day-to-day operational matters. These may include parking rules, amenity policies, fine schedules, and enforcement procedures. Unlike CC&Rs, they can usually be amended by board vote.
Board Resolutions:
Resolutions are formal decisions adopted by the board to clarify policy interpretation or implement procedures. They often address financial policies, collection practices, or architectural enforcement standards.
Declaration of Covenants, Conditions & Restrictions (CC&Rs)
Generally, the CC&Rs are the most extensive HOA governing document of an HOA. They contain homeowners’ rights and responsibilities and outline the architectural guidelines of the properties within the association. The primary purpose of CC&Rs is to regulate homeowners’ association architectural modifications based on community-approved standards. This regulation aligns with the HOA’s core mission: to protect, preserve, and enhance home values within the community.
For example, your homeowners association CC&Rs might require that all homes be painted tan for aesthetic reasons. If your neighbor decides to paint their house red, the HOA might fine them until they comply. Fines and other penalties for non-compliance will vary from association to association. Nonetheless, all should be clearly outlined in the CC&Rs.
It is important to note that if any conflict exists between a provision stated in the CC&Rs and an “HOA rule” generated by the HOA board members, the one outlined in the CC&Rs will always precede, and the latter will become invalid.
Common HOA CC&Rs can include:
- HOA Dues and Assessment Obligations
- Association and Homeowner Maintenance Obligations
- Architectural and Design Standards
- Vehicle Restrictions
- Pet Restrictions
- Rule Enforcement Procedures and Penalties
- Short-Term Rental Restrictions
Articles of Incorporation
The Articles of Incorporation establish the homeowners association as a legal nonprofit corporation. While the Declaration (CC&Rs) governs property-related obligations, the Articles define the association’s legal existence and corporate structure.
This document is filed with the state at the time the HOA is created. It typically includes:
- The official name of the association
- The nonprofit corporate designation
- The association’s general purpose
- The registered agent for legal services
- The initial board of directors
Unlike the CC&Rs, which bind property owners directly, the Articles of Incorporation govern the HOA as a corporate entity. They confirm that the association has the authority to enter into contracts, own property, enforce governing documents, and conduct business on behalf of the community.
Because Articles are filed at the state level, they must comply with state nonprofit corporation statutes. If conflicts arise between the Articles and higher governing documents or applicable law, the legal hierarchy of HOA governing documents determines which provision prevails.
Bylaws
The Bylaws of an HOA contain all the information and rules specifically related to the association’s operations and management. In most cases, they outline the Board of Directors’ governing structure, the procedures for matters such as Board elections and membership meetings, and the board’s rights and responsibilities.
More detailed examples of what you can find in your HOA Bylaws are:
- Membership Requirements
- Board Requirements
- Meeting Notices
- Board Meeting Frequency
- Quorum Requirements
- Voting Requirements and Frequency
- Term Limits for Board Members
Rules & Regulations
Many associations adopt additional rules to help enforce or clarify the guidelines outlined in the CC&Rs, known as Rules & Regulations. They’re commonly referred to as a catch-all for items not specifically addressed in the other governing documents of the homeowners association. Typically, these rules will be more detailed than the CC&Rs and will likely be modified based on the community’s current needs.
For example, pool hours, gym hours, visitors’ parking hours, pet policies, and others. These things could change based on seasonality, membership demographics, the community’s current state, and current events, e.g., pandemics etc.
The Board of Directors can modify the Rules and Regulations by vote. However, HOA members should always be informed of any changes or additions to the Rules and Regulations or any other governing document.
Amendments vs Resolutions
HOA governing documents are not static. Over time, communities may need to clarify, modify, or update provisions. Amendments and resolutions are two mechanisms used to make changes, but they serve different purposes.
Understanding the difference between amendments and resolutions helps boards determine the proper procedure for implementing changes. Using a resolution when an amendment is required—or vice versa- can lead to legal challenges or unenforceable policies.
For a deeper comparison of these two mechanisms, see our guide to HOA Resolutions vs. Amendments.
When Should HOA Governing Documents Be Updated?
HOA governing documents are not meant to remain unchanged indefinitely. As laws evolve and communities mature, outdated provisions can create compliance risks, enforcement challenges, and operational inefficiencies. Periodic review ensures that the association’s governing framework remains legally sound and aligned with current community needs.
A basic understanding of the differences between an association’s governing documents is crucial for harmonious living in an HOA. Familiarize yourself with your HOA governing documents, including HOA Bylaws, CC&Rs, and Rules & Regulations. It’s always wise to follow your HOA governing documents. When community members collaborate to improve their neighborhood, everyone shares in the positive results.