Understanding the Hierarchy of Governing Documents in an HOA

Homeowners associations (HOAs) operate under a structured set of governing documents that establish the community's authority, rules, and procedures. Understanding the hierarchy of these documents is important because it helps homeowners and board members determine which document controls when conflicts arise. At the top of the hierarchy are federal, state, and local laws, which supersede all HOA governing documents. An HOA cannot adopt provisions that conflict with applicable statutes, regulations, or ordinances.

Below applicable laws are the recorded Declaration of Covenants, Conditions, and Restrictions (CC&Rs), sometimes referred to as the declaration. The CC&Rs create the association and establish the rights and obligations that run with the property. Because they are recorded in the public land records, the CC&Rs generally take precedence over other internal HOA documents. Next in the hierarchy are the Articles of Incorporation, which establish the HOA as a legal entity and outline its basic corporate structure and purpose.

Following the Articles of Incorporation are the association's Bylaws, which govern how the HOA conducts its business, including board elections, meetings, voting procedures, and officer responsibilities. At the bottom of the hierarchy are the HOA's rules, regulations, policies, and resolutions. These documents address day-to-day community operations and homeowner conduct but must remain consistent with all higher-ranking governing documents. When questions or disputes arise, reviewing the governing documents in order of authority can help clarify which provisions control and ensure the association remains compliant with its legal obligations.