Understanding the Hierarchy of an HOA’s Governing Documents

Members of homeowners associations for common interest developments know that the associations have governing documents which spell out the legal structure for the association and specify the requirements relative to the association’s operations. The term “governing documents” is a catchall term that includes recorded documents such as maps, the declaration, CC&Rs, articles of incorporation or association, bylaws, and any other documents that govern the operation of the development or the association, the association’s operating rules, policies, and resolutions. An association’s governing documents do not all cover the same topics, but frequently there is overlap regarding various provisions. While the provisions contained in the different governing documents should be consistent and free of conflicts, frequently amendments, rules or policies are adopted that are in conflict with other provisions contained in the association’s governing documents. When such a conflict is discovered, the association must deal with the issue in question in accordance with the required hierarchy of the association’s governing documents. The general hierarchy for an association’s governing documents is as follows:

No. 1 – Recorded Maps, Declarations / CC&Rs

These documents are recorded with the office of the Recorder for the county in which the common interest development is located. They are prepared by licensed professionals and reviewed by governmental authorities prior to recording and the provisions are incorporated into every deed or mortgage that pertains to a property located within that common interest development. They specify such things as boundaries of separate interests and common areas, define rights and obligations of the association and the individual owners, cover maintenance responsibilities, operating costs, dues and assessments, use restrictions, HOA enforcement powers, and dispute resolution procedures. The content of the recorded maps, declarations / CC&Rs takes priority over all other association governing documents.

No. 2 – Articles of Incorporation or Association