In California, homeowners living in HOA communities are bound by a complex set of legal documents that dictate how their association operates and what homeowners can and cannot do. These documents—commonly referred to as HOA governing documents—form the legal foundation of the homeowners association and can impact everything from landscaping choices to voting procedures.                      
When these documents are unclear, outdated, or improperly enforced, homeowners may experience restrictions or inconsistent application of the rules. California law provides protections and procedures that may apply in these situations, including requirements under the Davis-Stirling Common Interest Development Act.

What Are HOA Governing Documents?

HOA governing documents are the legal backbone of any homeowners association. These include:
Articles of Incorporation (filed with the Secretary of State)
Declaration of Covenants, Conditions, and Restrictions (CC&Rs) (filed with the County Recorder’s Office)
Bylaws
Operating Rules
Each of these serves a different purpose in regulating the community, and understanding how they interact is key.

California CC&Rs Explained

The Declaration of Covenants, Conditions, and Restrictions (CC&Rs) is often the most important document. Filed with the County Recorder’s Office, this document sets out the rights and obligations of both the association and the homeowners. It governs things like property use restrictions, maintenance responsibilities, architectural guidelines, and enforcement rights.
California law, including the Davis-Stirling Act, addresses how CC&Rs are interpreted and enforced. While the CC&Rs carry significant legal weight, not all provisions are enforceable in every circumstance. HOA CC&R provisions that conflict with state or federal law (including fair housing laws) may be subject to challenge, depending on the facts and applicable law.

HOA Bylaws vs Operating Rules

While the CC&Rs focus on property restrictions and obligations, bylaws outline how the association is run. This includes election procedures, quorum requirements, the role of board members, and membership voting rights.
Operating rules are generally more flexible and cover day-to-day issues like parking policies, pool usage, and short-term rentals. They’re typically easier to amend than the CC&Rs or bylaws and must be consistent with the other governing documents and California law.
If you're trying to understand the difference between HOA bylaws vs operating rules, think of bylaws as the framework for how the HOA functions, while operating rules are the community’s everyday playbook. In addition, operating rules cannot contradict the CC&Rs, and any amendments to them must comply with applicable legal requirements.

HOA Document Hierarchy: What Controls What?

In disputes or confusion, it’s essential to understand the HOA document hierarchy. Here’s the general order of authority in California:
State laws (e.g., Civil Code, Davis-Stirling Act)
Recorded CC&Rs
Articles of Incorporation
Bylaws
Operating Rules
Any rules and regulations created by the board or management company should align with the higher-level documents and applicable law. If not, they may be unenforceable.

Amending HOA Governing Documents

Governing documents aren’t static. Over time, they may need updates to reflect new legal requirements, community preferences, or remove outdated code references.
The amendment process varies depending on the document. For example:
Amending HOA covenants (CC&Rs) often requires homeowner approval—commonly a supermajority vote, depending on the existing CC&Rs.
Bylaws may require a membership vote, depending on the bylaws and applicable law.
Operating rules can often be changed by the board, but typically only after following notice and comment procedures in the Civil Code.
In some cases, a secret ballot and, if authorized, electronic voting procedures may apply for votes on amendments and other membership decisions under California law.

Enforcement and Disputes: What Homeowners Should Know

California HOA document enforcement is generally expected to be carried out consistent with the governing documents and applicable law, and many associations adopt enforcement policies intended to promote consistency. Associations may have enforcement mechanisms, such as fines, loss of privileges, and legal action, but disciplinary actions are typically subject to statutory procedural requirements (such as notice and an opportunity to be heard) under the Civil Code.
Inconsistent enforcement of rules is a common concern. Some homeowners may experience penalties or restrictions that others do not, which can lead to frustration and disputes. Homeowners and associations often look to the governing documents and California’s Civil Code to evaluate whether enforcement actions are authorized and whether required procedures were followed.
If a board enforces rules inconsistently, targets certain homeowners unfairly, or relies on potentially invalid CC&R provisions, there may be dispute-resolution options available, including internal dispute resolution (IDR), alternative dispute resolution (ADR), or court proceedings, depending on the circumstances. Related reading: California HOA disputes.

When to Get Legal Assistance

Homeowners sometimes consult a California attorney when there is a dispute about governing documents, questions about amendment requirements, or concerns that an association is acting beyond its authority. Depending on the situation, legal counsel may assist with:
Reviewing and interpreting HOA governing documents
Identifying potentially unlawful or unenforceable rules
Evaluating claims involving discriminatory or unfair rules and regulations under applicable law
Assisting with covenant revitalization and document updates
Homeowners and associations may also work with professionals like property management firms and title companies to clarify responsibilities and help resolve conflicts involving deed restrictions, subdivision maps, and other real property records. For additional background, see: resolving HOA disputes in California.

Need Help With Your HOA Governing Documents?

HOA governing documents can be difficult to interpret and apply, particularly when older CC&Rs are involved or when enforcement practices vary. In some situations, homeowners choose to consult legal counsel to better understand how California law may apply to their specific circumstances. For more general information, see: receiving a violation from your association.