As experienced HOA attorneys, we often receive questions from homeowners regarding the hierarchy of laws that govern their community. Specifically, homeowners often ask whether local laws supersede the rules and regulations set forth by their homeowner association (HOA).

In general, laws (federal, state, and local) take precedence over HOA governing documents and rules to the extent there is a direct conflict. However, it's important to understand the nuances of this issue to fully grasp how to proceed if you believe your HOA has overstepped its bounds.

First and foremost, it's essential to note that homeowner associations are private organizations that are commonly organized as California nonprofit mutual benefit corporations and are governed by multiple sources of law, including the Davis-Stirling Common Interest Development Act and applicable provisions of the California Corporations Code. These laws address many aspects of creating and operating an HOA, as well as the rights and responsibilities of HOA members.

However, in addition to these state laws, HOAs also typically have their own rules and regulations that govern community behavior. These rules are often outlined in a document known as the CC&Rs (Covenants, Conditions, and Restrictions), which is provided to homeowners upon purchase of their property.

While HOA rules and regulations can be an effective means of promoting community standards and maintaining property values, they must also comply with applicable law. In other words, HOA rules generally cannot override federal or state law, and they typically cannot authorize conduct that violates city or county ordinances.

For example, if an HOA attempts to regulate parking on a public street, city ordinances and the scope of the HOA’s authority under its governing documents may be relevant, and the analysis can depend on whether the streets are public or privately owned/controlled by the HOA. Similarly, if an HOA rule purports to prohibit the installation of solar energy systems, California law generally protects an owner’s right to install a solar energy system, although an HOA may be able to impose certain reasonable restrictions.

So, what options may be available if you believe your HOA is violating applicable law or acting beyond its authority? One step is to review your HOA's CC&Rs (and any relevant rules) and compare them with potentially applicable laws or ordinances. Some homeowners also raise the issue with the HOA board or management and request that the association evaluate whether a rule should be revised.

If the HOA board does not address the concern, some homeowners consider consulting a California attorney familiar with HOAs to help identify the relevant governing documents and laws and to discuss potential next steps.

In conclusion, applicable laws generally supersede HOA rules and regulations in the event of a conflict. As a homeowner, it can be helpful to understand the hierarchy of authority that governs a common interest development and the role that governing documents, state law, and local ordinances may play in a particular dispute.