Understanding the Power of HOA Governing Documents

If you're a homeowner in a community governed by a Homeowners Association (HOA), you've likely encountered references to CC&Rs and bylaws. While many homeowners view these documents as simply a list of restrictions they must follow, the reality is more nuanced. These governing documents not only outline your obligations as a homeowner but also describe the HOA's responsibilities and the rights and processes that apply within the community.

In many California HOA disputes, understanding the differences between CC&Rs and bylaws—and how they apply to a particular issue—can be an important starting point when trying to resolve conflicts.

What Are CC&Rs?

CC&Rs, which stands for Covenants, Conditions, and Restrictions, form the foundation of many HOAs' authority. These legally binding documents are typically recorded with the county recorder's office and generally "run with the land," meaning they transfer automatically to new owners when a property is sold.

The Purpose and Power of CC&Rs

CC&Rs serve several essential functions within an HOA community:

They are intended to help preserve and enhance property values by maintaining community standards.

They establish uniform guidelines for architectural elements, landscaping, and other visible aspects of the community.

They define both the homeowners' obligations to the community and the HOA's responsibilities to the homeowners.

They create a framework for addressing disputes within the community.

What many homeowners don't realize is that CC&Rs are not merely a set of restrictions—they can also describe what the HOA is required to do for the community and the procedural steps it must follow.

What CC&Rs Typically Cover

CC&Rs generally address numerous aspects of community living, including:

Architectural Standards and Modifications: These provisions govern everything from house colors and fence designs to major renovations. They typically outline the approval process for any changes to your property's exterior.

Landscaping Requirements: CC&Rs often specify acceptable plants, lawn maintenance standards, and water conservation measures.

Pet Policies: These may limit the number, size, or breed of pets allowed in the community and establish rules for pet behavior and waste management.

Noise Restrictions: Many CC&Rs include provisions about acceptable noise levels and quiet hours.

Rental and Leasing Rules: These provisions might restrict short-term rentals or establish minimum lease terms.

Home-Based Business Activities: CC&Rs frequently address whether and what kinds of businesses can operate from homes in the community.

Parking Regulations: These rules govern where residents and guests can park, how many vehicles are permitted, and whether certain types of vehicles (commercial, recreational, etc.) can be parked in the community.

Common Area Usage: These provisions establish how community amenities like pools, clubhouses, and parks can be used.

What Are HOA Bylaws?

While CC&Rs focus on property use and community standards, bylaws govern how the HOA operates as an entity. Think of bylaws as the HOA's internal operating manual—they address the procedural aspects of how the association conducts business.

The Function and Importance of Bylaws

Bylaws serve as the corporate governance structure for the HOA. They establish:

How the board of directors is elected and removed.

The duties and powers of board members and officers.

How meetings are conducted and voting procedures.

Requirements for notice of meetings.

How committees are formed and operated.

The process for amending the bylaws themselves.

Unlike CC&Rs, bylaws generally do not need to be recorded with the county. However, they can be important in evaluating whether an HOA is following required procedures and protecting member participation rights.

The Critical Differences Between CC&Rs and Bylaws

Understanding the distinctions between these two types of governing documents can help you evaluate HOA issues more effectively:

Scope of Coverage: CC&Rs primarily govern the use of property and community standards, while bylaws govern the HOA's operations and procedures.

Legal Status: CC&Rs are typically recorded documents that run with the land and bind current and future property owners. Bylaws are internal governance documents that generally govern how the association is run.

Amendment Process: CC&Rs often require a higher percentage of homeowner approval to amend (the required percentage is usually stated in the CC&Rs), while bylaws may sometimes be amended with a different approval threshold depending on the bylaws and applicable law.

Enforcement Mechanisms: CC&Rs and related operating rules are often the basis for enforcement actions such as hearings, discipline, or monetary penalties where authorized and properly noticed. Bylaw-related disputes more commonly involve governance issues (such as election or meeting procedure concerns) and may be addressed through the HOA's internal processes and, in some situations, legal remedies.

Why These Documents Matter in HOA Disputes

Many HOA conflicts arise from issues such as:

Ambiguities in the governing documents: When CC&Rs or bylaws are unclear, outdated, or poorly drafted, misunderstandings and disputes are more likely.

Selective or inconsistent enforcement: When an HOA enforces rules against some homeowners but not others, it can raise concerns about fairness, compliance with the governing documents, and whether the association is acting consistently with its duties.

HOA overreach: When boards attempt to enforce restrictions that are not actually found in the CC&Rs or rules, or when they do not follow required procedures in the bylaws or applicable statutes.

Failure to fulfill obligations: When HOAs do not maintain common areas or provide services required by the CC&Rs or other governing documents.

Addressing these issues often begins with a careful review of the governing documents and the requirements of California law, including the Davis-Stirling Common Interest Development Act.

How to Use CC&Rs and Bylaws to Protect Your Rights

Understanding governing documents can be helpful when HOA issues arise. Here are common steps homeowners take when reviewing and applying these documents:

Before Buying into an HOA Community

Obtain and read the governing documents: Read them carefully before purchasing. Look for restrictive provisions that might affect your lifestyle or plans for the property.

Check for recent updates: Outdated documents with inconsistent amendments can signal potential problems.

Research the HOA's litigation history: A search of publicly available court records may indicate whether the HOA has been frequently involved in lawsuits, either as plaintiff or defendant.

Assess the community's condition: Drive through the neighborhood and observe whether the community appears to be following its own rules and whether common areas are well-maintained.

When Facing an HOA Dispute

Identify the specific provisions at issue: Pinpoint exactly which sections of the CC&Rs, bylaws, or rules are relevant to the issue.

Document inconsistent enforcement: If you believe enforcement is inconsistent, gather objective information about similar situations.

Follow proper procedures: Use the dispute resolution or hearing processes outlined in the governing documents and required by California law, which may include written notice, an opportunity to be heard, or alternative dispute resolution in certain circumstances.

Highlight HOA obligations: If the dispute involves the HOA's maintenance or other responsibilities, identify the provisions that address those obligations.

Consider obtaining legal information: In some situations, homeowners may choose to consult a California attorney for advice about their specific facts and documents.

Common Problems with HOA Governing Documents

Understanding the weaknesses and limitations of governing documents can help you anticipate potential issues:

Outdated or Ambiguous Language

Many HOA communities operate under CC&Rs that were drafted decades ago. These documents may:

Contain provisions that conflict with current California law.

Use vague or ambiguous language that's open to interpretation.

Include terms that no longer reflect current community needs or values.

Fail to address modern issues like short-term rentals, home-based businesses, or technology installations.

Conflicts Between Documents

Sometimes provisions in the CC&Rs contradict the bylaws, or amendments create internal inconsistencies. When this happens, often:

State and federal law take precedence over both CC&Rs and bylaws.

CC&Rs typically take precedence over bylaws when they conflict.

More recent amendments may take precedence over older provisions, depending on what was properly adopted and recorded.

Hierarchy of Authority

When evaluating any HOA issue, the hierarchy of authority generally includes:

Federal laws and regulations.

State laws and regulations (including California's Davis-Stirling Act).

Local ordinances and regulations.

CC&Rs.

Bylaws.

Rules and regulations adopted by the board.

Architectural guidelines or standards.

If a provision in CC&Rs conflicts with state law (for example, certain California protections relating to water-efficient landscaping, solar energy systems, or ADUs), state law generally controls to the extent of the conflict.

Case Study: CC&Rs as a Tool for Homeowners

The following example is for general educational illustration only.

A homeowner made a change to install drought-tolerant landscaping, and the HOA asserted the change violated architectural standards requiring a green lawn. In reviewing the governing documents and applicable California law, issues that can be relevant in situations like this may include:

Whether the CC&Rs require the HOA to comply with state law.

Whether California statutes limit an HOA's ability to prohibit water-efficient landscaping.

Whether the HOA followed its own architectural review procedures, including any required notice and decision-making steps.

Depending on the facts, identifying these provisions can help clarify whether the HOA acted within its authority and followed required procedures.

The Power of Knowledge

A significant advantage in many HOA disputes is having a thorough understanding of the governing documents and applicable California statutes. Homeowners sometimes assume they have no recourse, only to discover that the CC&Rs, bylaws, or state law provide procedures or protections they were not aware of.

Many homeowners view these documents solely as restrictions—what they can't do. However, they can also be a source of homeowner rights, HOA obligations, and required processes.

How to Obtain and Review Your HOA's Governing Documents

If you don't already have copies of your HOA's governing documents, here are common ways to obtain them:

Request them from your HOA board or management company: Under California law, homeowners generally have rights to inspect and obtain copies of many association records, and associations may charge a reasonable fee for copying and related costs.

Check the county recorder's office: CC&Rs are recorded documents and should be available through your county recorder.

Review your closing documents: You likely received copies when you purchased your property.

Once you have the documents, take time to read them carefully. Consider creating a summary of key provisions that might affect you, particularly:

Maintenance responsibilities (what's yours vs. what's the HOA's).

Architectural review processes and standards.

Enforcement procedures and fine schedules.

Meeting and voting requirements.

Conclusion: Knowledge Is Your Best Defense

The relationship between homeowners and HOAs does not have to be adversarial. Well-run associations with clear, fair governing documents can enhance community living and property values. When conflicts arise, understanding how CC&Rs and bylaws function—along with California statutory requirements—can help homeowners evaluate options and communicate more effectively.

HOA governing documents are not just a list of restrictions. They are also a roadmap of rights, responsibilities, and procedures that establish boundaries for both homeowners and associations. Taking the time to understand these documents can help reduce stress and uncertainty when issues come up.