Rules and Documents
HOA Rules and Governing Documents
HOA rules come from a stack of documents: the declaration (often called the CC&Rs), the articles of incorporation, the bylaws, and the rules and regulations the board adopts. All of them sit under federal, state and local law.
In this section
Ten guides in two groups:
Governing documents and owner rights
Rules and enforcement
The basics
How HOA Rules Get Their Authority
Every new rule, violation letter and fine has to trace back to authority somewhere in that stack.
This section is for volunteer board members who need to know what their documents say, how to enforce them fairly and where the association's legal risk lies. Homeowners will find it useful too, because the same documents set out an owner's rights and obligations. When a question turns on how to read the documents or the law, ask the association's attorney.
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When two sources disagree, the higher one controls. From the top down:
- The law. Federal, state and local law overrides anything in your documents. A covenant or rule that conflicts with a statute generally can’t be enforced.
- The declaration, or CC&Rs. It is recorded with the county and binds every current and future owner. It usually sets assessments, use restrictions, architectural controls and who maintains what. Amending it usually takes a vote of the owners, often a supermajority.
- The articles of incorporation and bylaws. The articles create the association as a corporation. The bylaws say how it runs: elections, meetings, and the powers and duties of directors and officers.
- Rules and regulations. The board adopts these to fill in the details, such as pool hours or guest parking. They are the easiest to change and the lowest in rank. A rule can add detail to the CC&Rs but can’t contradict them.
Here is how that plays out. If the CC&Rs allow pets, a rule requiring leashes in the common area adds detail. A rule banning a kind of pet the CC&Rs allow is a conflict, and the CC&Rs would normally win. California writes this order into statute in Civil Code section 4205. The same general order applies in most states, but check your own state’s law and your own documents. HOA Governing Documents Explained covers each document in detail, and How to Rewrite HOA Governing Documents covers amendments.
A board generally has a duty to enforce the governing documents and to apply them the same way to every owner. If a rule no longer makes sense, the fix is to amend it, not to ignore it. Citing one owner for something you let another owner do can give that owner a defense, and it costs the board its credibility. Before a fine or other penalty, most governing documents and many state laws require written notice and a chance to be heard. In California, for example, Civil Code section 5855 requires at least 10 days’ written notice before the board meets to consider discipline. Talking with the owner first is not a legal requirement, but it is good practice and it settles most problems. How to Enforce HOA Rules in Your Homeowners Association walks through the formal steps.
4 guides
Governing Documents and Owner Rights
HOA Governing Documents Explained
What the CC&Rs, bylaws, rules and articles of incorporation each cover, how they rank, and how to resolve a conflict between them.
How to Rewrite HOA Governing Documents
How to amend rules, bylaws and CC&Rs, including owner votes, keeping up with changes in state law, and the time and cost involved.
The Rights of Homeowners Association Members
The rights owners usually have, such as voting, reviewing records, notice and a hearing before discipline, and use of the common areas, along with the responsibilities that go with them.
How to Minimize Homeowners Association Liability
How boards lower legal risk by meeting their fiduciary duties, keeping amenities safe and responding promptly to harassment complaints.
6 guides
Rules and Enforcement
HOA Rules and Enforcing Violations
Why the rules matter, the topics they usually cover, and how consistent enforcement works from a first warning letter to escalating fines.
How to Enforce HOA Rules in Your Homeowners Association
The formal process step by step: confirm authority, send a written warning, give notice and a hearing, issue a decision, then fine or escalate, with California's current fine cap.
The Building Blocks of HOA Compliance
Four things that help owners follow the rules willingly: rules they support, rules they can understand, an easy path to comply, and a board they trust.
How to Solve Compliance Issues in an HOA
How to resolve most violations without a fine by confirming the facts, learning why the owner is out of compliance, talking before you write, and agreeing on a fix with a date.
How to Deal With Barking Dogs in Your Homeowners Association
What a board can and cannot do about a barking dog, how nuisance rules and local noise ordinances fit together, and a fair escalation path.
How HOAs Can Regulate Holiday Décor
How to write clear decoration rules covering dates, noise and offensive displays, and how to head off conflict before the season starts.
A to Z
Every Article in This Section
Keep going
Related Sections
Board Members
What the job involves and how to do it well.
Meetings and Elections
How board meetings, owner meetings and elections work.
Insurance
How the association protects itself and its volunteers.
California Law
State-specific rules for California associations.
Start here
Start With the Documents
HOA Governing Documents Explained covers each document in detail. Start there, then work through the rest of the section.
This page is general educational information, not legal advice. Laws vary by state and your association's governing documents control many of these questions, so check with your association's attorney or another qualified professional about your situation.