Rules Relating to the Interpretation of HOA Governing Documents

Homeowners’ associations (HOAs) operate within a framework of governing documents that dictate everything from property maintenance standards to community regulations. However, these documents—particularly the Covenants, Conditions, and Restrictions (CC&Rs)—are often lengthy, complex, and filled with legal jargon that can be difficult for the average homeowner to interpret. To make matters more challenging, conflicts may arise between different governing documents or even between HOA rules and state statutes.

To help board members, homeowners, and management personnel navigate this legal maze, it is crucial to understand the fundamental principles of interpreting HOA documents. Let’s break down the key rules and hierarchy that determine how HOA provisions should be applied.

HOA Governing Documents vs. State and Federal Laws

When HOA regulations and government statutes address the same subject, statutory language often clarifies whether it takes precedence. Here’s how to identify when a law overrides HOA rules:

• If a statute contains language like “notwithstanding any provision of the governing documents to the contrary” or “no governing document shall…”, then the statute supersedes any conflicting HOA rule.
• The use of the word “shall” in a statute also indicates a mandatory: