If you live in a homeowners association (HOA) community or serve on an HOA board, you’ve likely heard terms like bylaws, CC&Rs, or articles of incorporation. But how do these documents relate to each other, and which one takes precedence when rules conflict? This hierarchy isn’t just bureaucratic, it determines how your community operates, how disputes are resolved, and how rules are enforced. In this guide, we’ll break down the structure of HOA governing documents, explain their purpose, and show you how to navigate them confidently.
What Are HOA Governing Documents?
HOA governing documents are the foundation of any managed community. They outline the legal, operational, and behavioral standards that homeowners and the board must follow. These documents:
- Establish the HOA’s legal authority and structure
- Define the rights and obligations of homeowners
- Set standards for maintenance, modifications, and use of property
- Provide rules for operations like voting, budgeting, and enforcement
The key types of governing documents include the Declaration of Covenants, Conditions & Restrictions (CC&Rs), bylaws, articles of incorporation, and rules and regulations. Together, they form a hierarchy, meaning some documents carry more weight than others in case of a conflict.
The Hierarchy of HOA Governing Documents: What Comes First?
To understand how decisions should be made or rules enforced, it’s crucial to know the legal order of authority:
- Federal, State, and Local Laws
- These laws override all HOA documents. The Fair Housing Act, Americans with Disabilities Act, and state-specific statutes (like the Texas Property Code) govern what HOAs can and cannot enforce. If a community rule violates a local ordinance or federal regulation, the law wins, every time.
- Recorded Plat or Map
- Filed with the county during development, this visual document defines lot boundaries, easements, and community layout. It determines property lines, ownership, and shared spaces, affecting decisions like maintenance responsibility or where construction can occur.
- Declaration of Covenants, Conditions & Restrictions (CC&Rs)
- Often considered the HOA’s “constitution,” the CC&Rs are legally binding and recorded with the county. They include architectural standards, land use restrictions, dues requirements, and enforcement powers. If other documents contradict the CC&Rs, the CC&Rs usually take precedence.
- Articles of Incorporation
- Filed with the Secretary of State, these articles legally establish the HOA as a nonprofit corporation. They outline the association’s name, structure, and general powers. While short and high-level, they provide the HOA with the authority to act as an entity.
- Bylaws
- Bylaws govern the internal workings of the HOA. They define the roles and election of board members, meeting procedures, and voting rights. While critical for daily operations, bylaws must align with state law and the CC&Rs.
- Rules and Regulations
- These are the easiest to change and provide specifics like pool hours, parking rules, or pet restrictions. Boards can typically amend them without a full community vote, but they must never conflict with higher-level documents like the CC&Rs or bylaws.
Why Understanding the Document Hierarchy Matters
Knowing which document takes priority can help avoid legal disputes and ensure fair enforcement of rules. Here’s why the hierarchy matters:
- Conflict Resolution: If a rule in the bylaws contradicts the CC&Rs, the CC&Rs win. Understanding this avoids enforcement errors.
- Amendment Procedures: Changing a rule in the CC&Rs often requires a vote of the membership, while adjusting a regulation may only need board approval.
- Homeowner Rights: Knowing your rights under the governing documents helps you make informed decisions, avoid violations, and advocate for change when needed.
- Board Accountability: Board members must operate in compliance with this hierarchy to maintain transparency and protect the association from liability.
Conclusion
HOA governing documents are more than paperwork, they’re the blueprint for how your community functions. From the legally binding CC&Rs to the everyday rules and regulations, each document plays a role in ensuring a safe, attractive, and well-managed neighborhood. Whether you’re a homeowner seeking clarity or a board member guiding your community, understanding the hierarchy of HOA documents empowers you to act with confidence and compliance.
For expert help interpreting or managing your HOA’s governing documents, reach out to Creative Management Company. We’re here to help Houston-area associations stay organized, informed, and on track.
Looking for a more hands-on HOA partner? Learn about our HOA management services.