Governing Documents

HOA Bylaws, CC&Rs and Rules: What Each Governing Document Does

By The HOARebel Team · October 5, 2026 · 10 min read

Not legal advice. This article is general information based on publicly available state law, which can change and varies by state. It is not legal advice and does not create an attorney-client relationship. Your community's governing documents may impose additional requirements. Verify the current statutes and consult a licensed attorney in your state about your specific situation.

Most HOAs and condo associations run on a stack of documents. There's usually a recorded declaration (the CC&Rs), articles of incorporation, a set of bylaws, and rules or architectural guidelines the board adopts. Each does a different job, each is changed a different way, and when two of them disagree, one outranks the other.

This guide walks through that hierarchy using California, Florida, Texas and North Carolina law as examples. State statutes set the outer limits, and the association's nonprofit corporation law and federal law (such as the Fair Housing Act) also apply, so how the pieces fit in any one community depends on its documents and its state. For your specific situation, a licensed attorney in your state is the right resource. This is general information, not legal advice.

What counts as an HOA's "governing documents"

State statutes define the term, and the definitions differ in a telling way. California's Davis-Stirling Act defines it broadly as "the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association" that govern the community or association (Cal. Civ. Code § 4150).

Florida's homeowners' association statute uses a narrower list. Under Fla. Stat. § 720.301(8), "governing documents" means "the recorded declaration of covenants for a community and all duly adopted and recorded amendments, supplements, and recorded exhibits thereto" plus "the articles of incorporation and bylaws of the homeowners' association." Board-adopted rules are not on that list.

Texas uses the term "dedicatory instrument," which covers HOAs and condominium regimes alike and expressly includes bylaws and "properly adopted rules and regulations of the property owners' association" (Tex. Prop. Code § 202.001(1)).

The declaration (CC&Rs): the recorded foundation

The declaration, usually called the CC&Rs, is the document recorded in the county land records that ties every lot or unit to the association. Florida describes it as a recorded instrument "in the nature of covenants running with the land" (Fla. Stat. § 720.301(4)). It typically covers use restrictions, the duty to pay assessments, maintenance responsibilities and how the association is structured.

Why CC&Rs bind owners who never signed them, and when a covenant can be unenforceable, is covered in What Are CC&Rs and Are They Legally Binding?.

Articles of incorporation: the association as a legal entity

Most HOAs are nonprofit corporations, and the articles of incorporation are the short document that creates that corporation under state law. Florida's statute builds this in, defining a homeowners' association as "a Florida corporation responsible for the operation of a community" (Fla. Stat. § 720.301(9)). Homeowners rarely deal with the articles day-to-day, but they can matter in a conflict.

Bylaws: how the association runs itself

If the CC&Rs say what owners can and can't do with their property, the bylaws say how the association operates: the size of the board, elections, officers, meetings, quorum and voting. North Carolina's Planned Community Act lists what bylaws must address in the communities it fully covers (generally those created on or after January 1, 1999, under N.C. Gen. Stat. § 47F-1-102). Under § 47F-3-106(a), the bylaws "shall provide for" items including "the number of members of the executive board and the titles of the officers of the association," the "manner of electing and removing executive board members and officers and filling vacancies," and "the method of amending the bylaws."

Rules, regulations and architectural guidelines: what the board adopts

Rules are the most detailed layer: pool hours, parking, trash cans, pets in common areas, and the architectural standards for paint colors, fences and additions. Unlike the CC&Rs, rules are usually adopted by the board rather than by an owner vote. California defines an "operating rule" as "a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association" (Cal. Civ. Code § 4340(a)).

Board rules have limits. In California, a rule is "valid and enforceable only if" it meets every requirement in Cal. Civ. Code § 4350, including that it is in writing, within the board's authority, not in conflict with the law or the higher documents, adopted in good faith, and "reasonable."

California also gives owners a say in certain rule changes. For rules on subjects such as common-area use, architectural standards, fines and elections (Cal. Civ. Code § 4355), the board "shall provide general notice … of a proposed rule change at least 28 days before making the rule change," and the decision must be made "at a board meeting, after consideration of any comments made by association members" (§ 4360(a)–(b)). The notice requirement does not apply to a temporary emergency rule change, which "is effective for 120 days" (§ 4360(d)). Owners holding "5 percent or more of the separate interests may call a special vote of the members to reverse a rule change" (§ 4365(a)).

In Texas, rules and bylaws carry an extra condition: a property owners' association "shall file all dedicatory instruments in the real property records of each county" where the property sits, and "a dedicatory instrument has no effect until the instrument is filed" (Tex. Prop. Code § 202.006). The HOA rules and enforcement topic hub covers how rule disputes play out, and Can My HOA Tell Me What Color to Paint My House? covers architectural review.

Which document wins when they conflict

California spells out the order in a single statute. Cal. Civ. Code § 4205 provides:

"(a) To the extent of any conflict between the governing documents and the law, the law shall prevail. (b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail. (c) To the extent of any conflict between the bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail. (d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail."

That produces a ladder: law, then the declaration, then the articles, then the bylaws, then the operating rules. Not every state codifies the order this neatly, and many governing documents contain their own conflict clause. Where a statute is silent, how a conflict is resolved depends on that state's law and the documents' wording. The one constant is that statutes and federal law sit above all of the association's own documents.

Who can change each document (and why the board usually can't rewrite the CC&Rs)

The higher a document sits, the harder it generally is to change. Amending a declaration typically takes an owner vote, not just a board decision:

California: an amendment to the declaration is effective once, among other steps, it "has been approved by the percentage of members required by the declaration" and "has been recorded in each county" where the development sits. If the declaration is silent, "a majority of all members" may approve it (Cal. Civ. Code § 4270).
Florida: unless the governing documents or law say otherwise, "any governing document of an association may be amended by the affirmative vote of two-thirds of the voting interests of the association" (Fla. Stat. § 720.306(1)(b)). That default carves out amendments that would "materially and adversely alter the proportionate voting interest appurtenant to a parcel or increase the proportion or percentage by which a parcel shares in the common expenses," which generally require the parcel owner and its lienholders to join (§ 720.306(1)(c)).
North Carolina: apart from certain declarant and limited owner amendments, the declaration "may be amended only by affirmative vote or written agreement signed by lot owners of lots to which at least sixty-seven percent (67%) of the votes in the association are allocated, or any larger majority the declaration specifies," and an amendment "is effective only upon recordation" (N.C. Gen. Stat. § 47F-2-117(a), (c)). This section covers communities created on or after January 1, 1999 (other than some small or nonresidential ones), and § 47F-1-102(c) extends it to older planned communities "unless the articles of incorporation or the declaration expressly provides to the contrary," without invalidating "existing provisions of the declaration."

Bylaws are generally amended under their own amendment clause, within any limits state law sets (Florida's two-thirds default, for example, applies to "any governing document," which in Florida includes the declaration, articles and bylaws, unless the documents or law provide otherwise). That is why North Carolina requires bylaws to state "the method of amending the bylaws." Rules are the most flexible layer, since the board can usually adopt or change them, subject to the limits and procedures described above. Practically, that means a board generally can't change a covenant in the CC&Rs by passing a rule; a rule that conflicts with the declaration loses under a hierarchy like California's.

Where homeowners find these documents

Because the declaration and its amendments are recorded, the county recorder's office (sometimes called the register of deeds or county clerk) is one place to find them. In Texas, § 202.006 requires bylaws and rules to be filed in the county real property records too. Bylaws, rules and architectural guidelines are otherwise held by the association, and many states give members a statutory right to inspect association records. The HOA records requests topic hub has state-by-state guides to that process.

The bigger picture

Knowing which document a requirement comes from helps explain who can change it and whether it can be challenged. The state law that sits above the documents is covered in Which Texas Laws Govern Your HOA or Condo?, Which North Carolina Laws Govern Your HOA?, or the full list at HOA laws by state.

Frequently asked questions

What is the difference between HOA bylaws and CC&Rs?

The CC&Rs are the recorded covenants that attach to the property and set what owners must do and can't do, such as use restrictions and the duty to pay assessments. The bylaws govern how the association operates internally: board size, elections, officers, meetings and voting. Where they conflict, California law gives the declaration priority over the bylaws (Cal. Civ. Code § 4205(c)).

Can the HOA board change the rules without a vote?

Usually the board adopts ordinary rules itself, within limits. In California a rule must be within the board's authority, consistent with the law and higher documents, and reasonable (Cal. Civ. Code § 4350), and certain rule changes need 28 days' notice and can be reversed by an owner vote (§§ 4360, 4365). Changing the CC&Rs generally takes an owner vote.

Are condo association bylaws different from HOA bylaws?

They do the same job. Some state laws treat condos and HOAs together: California's Davis-Stirling Act covers condominium projects and planned developments (Cal. Civ. Code § 4100), and Texas's definition of a dedicatory instrument includes condominium regimes (Tex. Prop. Code § 202.001(1)). Other states have a separate condominium statute, so which law sits above a condo's bylaws depends on the state.

Do HOA rules have to be recorded?

It depends on the state. In Texas, rules and bylaws are dedicatory instruments that must be filed in the county real property records and have "no effect until the instrument is filed" (Tex. Prop. Code § 202.006). Elsewhere, the declaration is recorded, but whether bylaws and rules must also be recorded depends on that state's law and the documents themselves.

How can I get a copy of my HOA's bylaws?

The recorded declaration is usually available from the county recorder. Bylaws and rules may also be recorded, as in Texas, or held only by the association, in which case many states' records-inspection laws give members a way to request them. Procedures and deadlines vary by state.

Sources

Keep reading

The rules above are the general picture; the details come from state law. Every state's article on this question is listed on HOA rules & enforcement by state, and each state guide explains the governing statute.