Governing Documents
The complete set of legal documents that establish and govern a homeowners association. The hierarchy of governing documents, from highest to lowest authority, typically includes: applicable federal and state law, the recorded declaration (CC&Rs), articles of incorporation, bylaws, and board-adopted rules and regulations. All homeowners are bound by these documents upon purchasing property in the community.
Example in Context
Before adopting a new pet policy, the board reviewed the full hierarchy of governing documents to confirm the CC&Rs did not already prohibit the proposed changes.
Common Misunderstanding
Many homeowners think board-adopted rules carry the same weight as CC&Rs, but rules sit at the bottom of the governing documents hierarchy and cannot override the declaration or bylaws.
Related Terms
Frequently Asked Questions
What are the governing documents of an HOA?
HOA governing documents typically include the recorded declaration (CC&Rs), articles of incorporation, bylaws, and board-adopted rules and regulations. These are listed in order of authority — CC&Rs override bylaws, and bylaws override rules. All homeowners are bound by these documents upon purchasing property in the community.
Where can I get a copy of my HOA governing documents?
You can request copies from the association or its management company. In California, Civil Code Section 5200 gives members the right to inspect and copy association records, including governing documents. The association may charge a reasonable fee for copying.