Which document wins in a conflict?

Law controls first, then CC&Rs, then bylaws, and then rules. Articles and board decisions sit below those documents. When two provisions conflict, the higher-ranking authority prevails and the lower provision is unenforceable. If a dispute remains, check state statute and any master-association documents, which can further preempt community-level provisions.

Can rules ban something CC&Rs allow?

No. A board rule cannot contradict the declaration. Rules may clarify procedures—such as hours, forms, permits, or enforcement steps—when the CC&Rs or statute grant that power. If a rule restricts a use that the CC&Rs expressly allow, the rule is invalid and should be repealed or amended to align with higher authority.

How often can the board change rules?

As needed, provided the board gives proper notice, allows member comment, and votes in an open meeting. Many communities use a 7–30 day notice-and-comment window. After adoption, publish the effective date, update the rules index, and keep prior versions for transparency and consistent enforcement.

Do tenants have to follow rules?

Yes. CC&Rs bind owners and occupants through covenants running with the land, and rules apply to all users of the property, including tenants and guests. Owners remain responsible for their tenants’ compliance. Provide tenants a current copy of the rules, amenity hours, parking procedures, and any fines policy to avoid misunderstandings.

Can an HOA limit solar panels or satellite dishes?

Limits exist, but outright bans are typically not allowed. Many states protect residential solar access, and the FCC’s OTARD rule protects certain antennas and satellite dishes. Associations may set reasonable placement, screening, or safety standards, but they cannot effectively prohibit protected devices or make installation unreasonably expensive or burdensome.

What notice is required before a fine?

Provide written notice stating the facts, the exact governing provision, the cure window, and the time and place of any hearing. Explain how the owner can review evidence and present a defense. After the hearing, issue a written decision and note any appeal rights or timelines contained in the CC&Rs or statute.

CC&Rs vs Bylaws vs Rules for HOAs

Last updated September 2, 2025

Confused about your governing documents? This guide makes hoa cc&rs vs bylaws vs rules clear. We explain who can create, amend, and enforce each layer—from the recorded declaration to meeting bylaws and day-to-day rules. You’ll get a simple comparison matrix, practical examples, and two step-by-step checklists for boards and owners. Use it to reduce disputes, fix contradictions, and stay within state and federal law.

Answer key: Law outranks everything, then CC&Rs, then bylaws, then rules; each has its own approval and notice steps.

TL;DR

Hierarchy: Law → CC&Rs → Bylaws → Rules/Guidelines.
Amendment power: CC&Rs need owner supermajority (often 60–75%).
Rules change faster: board vote after notice/comment (7–30 days typical).
Due process before fines: written notice + hearing + decision.
Keep a single source of truth: publish current docs and version history.

Quick definitions

CC&Rs (Declaration): Recorded with the county; binds all lots; creates use restrictions, assessments, and architectural control authority.
Bylaws: Corporate operating rules: board size and terms, elections, meeting notice and quorum, officer duties.
Rules & Regulations: Board-adopted conduct and operational standards (amenities, parking procedures, pool hours) under CC&R/statutory authority.
Related: Articles of Incorporation; ARC/ACC Guidelines; master vs sub-association documents.

Q: Which one is “highest”?
A: Law → CC&Rs → Articles → Bylaws → Rules/Guidelines → Board decisions.

Document hierarchy (who wins)

Federal and state law trump everything (e.g., Fair Housing, FCC OTARD, solar/flag protections).
Recorded CC&Rs outrank bylaws and rules; bylaws outrank rules.
Rules must be reasonable and consistent with higher-level authority.
Master association documents can control where granted over subs.

Q: Can a rule “fix” conflicting CC&R text?
A: No. Rules can clarify procedures but cannot contradict or amend the declaration.

Using the hoa cc&rs vs bylaws vs rules matrix

The Simple Matrix: CC&Rs vs Bylaws vs Rules
Topic	CC&Rs (Declaration)	Bylaws	Rules & Regulations (incl. ARC Guidelines)
Purpose	Land use & property-level covenants; assessments; enforcement & ARC authority; easements.	Corporate governance: board, officers, elections, meetings, quorum, committees.	Operational standards and conduct for facilities, parking, signs, noise, hours, procedures.
Who approves	Owners (supermajority; lender consent may apply).	Owners (majority or 2/3 per bylaws).	Board vote in open meeting after notice/comment.
Recording & location	Recorded with county; posted in documents portal.	Corporate records; posted for members.	Policy/resolution book; website or app; dated version history.
Binding parties	Owners, successors, tenants, guests via covenants running with land.	Association and members (corporate governance).	Owners, residents, guests; apply to amenity use and conduct.
Typical topics	Use restrictions, rentals, maintenance, assessments, liens, ARC, easements.	Board size/terms, voting method, meetings, notices, vacancies, officers.	Amenity hours, parking procedures, signage, architectural standards, fines schedule.
Examples of valid content	Assessment lien rights; architectural approval authority; rental caps within statute.	Board size/terms; quorum; officer duties; election procedures.	Amenity hours; parking permits; application forms; objective design standards.
Examples of overreach/invalid content	Provisions violating Fair Housing/OTARD/solar/flag protections.	Bypassing required owner votes; contradicting CC&Rs or statute.	Bans on protected flags; prohibiting satellites/solar; contradicting CC&R allowances.
Amendment threshold	Often 60–75% of owners; record amendments.	Majority or 2/3 of members (check bylaws).	Board majority after required notice period.
Enforcement tools	Fines, suspensions, liens/foreclosure if authorized; due process required.	Indirect (meeting/process). No direct fines.	Fines/suspensions if authorized in CC&Rs/statute; due process required.
Due process	Notice + hearing before sanctions; written decision.	Notice requirements for meetings and elections.	Notice, opportunity to be heard, appeal window per statute/rules.
Records & transparency	Recorded with county; owners can obtain recorded copies.	Corporate records; member inspection per statute/bylaws.	Maintain dated index online; publish effective dates and current version.
Architectural control	Creates ARC/ACC authority; sets approval standard and timelines.	May establish committee structure.	Design guidelines, submittal requirements, color/material palettes.
Rental limits	Substantive caps and waiting periods (subject to state limits).	Not typically addressed.	Operational: registration, minimum terms (if allowed in CC&Rs/statute).
Parking/streets	Authority on private roads; public road limits vary.	Not typically addressed.	Permits, guest passes, towing procedures within authority.
Protected rights	Cannot violate FHA/OTARD/solar/flag laws.	Same.	Must allow reasonable accommodation; no discrimination.
Collections	Assessment lien rights and process.	May describe notices and meetings.	Late fee schedule, payment plans, escalation steps.
Term/expiration	May auto-renew or require re-affirmation.	Until amended by members.	Effective on adoption; update as needed.

Q: Are ARC “Guidelines” just rules?
A: Functionally yes—they’re board standards under CC&R authority and must stay consistent with higher law.

How they work together

If CC&Rs permit something, a rule cannot ban it.
If bylaws require 14-day meeting notice, a 7-day rule won’t suffice.
Federal/state protections (flags, satellites, assistance animals, solar) override all three.
Master association terms can supersede subs if documents grant that power.

Q: If CC&Rs are silent, may rules fill the gap?
A: Yes—when rulemaking power exists and the rule is reasonable, clear, and consistent with law.

Change them the right way

Amending CC&Rs: Draft → counsel review → owner notice → lender consent (if needed) → member vote → record with county → publish effective date.
Amending bylaws: Draft → counsel review → member vote per bylaws → publish new copy.
Adopting rules: Draft resolution → post notice & comment → board vote in open meeting → publish effective date → update index.

Q: Can the board change CC&Rs without a vote?
A: Almost never; member approval thresholds usually apply.

ARC/ACC essentials

Source of authority in CC&Rs; objective, consistently applied standards.
Complete submittals: plans, colors, materials, site impact.
Decision timelines; avoid “deemed approved” by acting promptly.
Provide appeals/re-submittal path and written reasons.

Tip: If your documents are silent, many communities target a 30-day decision window; avoid “deemed approved” by acknowledging and acting before the deadline.

Q: Can ARC deny on “aesthetics” only?
A: Only if documents allow and standards are applied fairly with examples.

Enforcement & due process

Progressive ladder: courtesy → notice → hearing → fine/suspension → collections/lien (if authorized).
Notice must include: who is noticed; the facts/date/time; the exact provision; cure window; how to request a hearing; time/place; how to review evidence; decision/appeal info.
Keep hearing minutes and written decisions; avoid selective enforcement.
Coordinate with violations, communications, and dues/collections tools.

Q: Do tenants get hearings?
A: Hearings belong to owners; tenants may attend if rules allow or as witnesses.

Special cases & overlays

Condos vs HOAs: common elements shift responsibilities and enforcement pathways.
Public vs private streets: towing and parking authority differs.
State variance examples: California (Davis-Stirling), Florida (Ch. 720), Texas (Ch. 209), Arizona (Title 33).
Federal overlays: FHA/HOPA, ADA, FCC OTARD, Servicemembers Civil Relief Act.

Q: Can a rule ban U.S. flags?
A: No—flag protections apply; reasonable placement/size limits may be allowed.

Common mistakes

Using rules to contradict CC&Rs.
Skipping owner votes where required.
Vague standards with no examples or timelines.
Fining without notice/hearing.
Letting portals show outdated versions; no single source of truth.

Q: Is an email blast enough notice?
A: Only if bylaws/statute allow; many require mailed or posted notice with specific lead times.

Examples & templates

Typical Notice & Hearing Timelines (Check Your Statute)
Action	Typical Lead Time	Who Must Be Notified	Notes
Board meeting to adopt a rule	7–30 days	Members	Post the draft and comment window in your RunHOA Website and send via RunHOA Communications.
Violation hearing notice	10–14 days	Owner (and tenant if applicable)	Include facts, provisions, cure window, and hearing logistics.
Member meeting (bylaws/CC&R vote)	14–30 days	All members, lenders if required	Use e-voting if allowed to boost quorum.

Sample Sanctions Ladder (Illustrative — Check Your Statute)
Step	Action	Typical Timing	Due-Process Checkpoint
1	Courtesy notice	0–7 days from report	Non-accusatory; states observed issue and cure window
2	Formal violation notice	7–15 day cure window	Cites provision; offers hearing; explains evidence access
3	Hearing & decision	10–14 days after notice	Impartial panel; written decision with rationale
4	Fine/suspension	Effective on decision date	Published schedule; right to appeal if allowed
5	Collections/lien	Per CC&Rs/statute	Final demand; statutory notices; payment plan options if policy

Q: Where should I start with the templates?
A: Begin with the notice timeline table, then adopt the sanctions ladder via a board resolution so dates and due-process steps are crystal clear.

Template: “Please provide access to the association’s current CC&Rs, bylaws, and rules, including all amendments and policies adopted to date. I’m requesting inspection/copies under our bylaws/state statute. Digital copies via the member portal or email are preferred.”

Key numbers

CC&Rs amendments: 60–75% owner approval is common.
Bylaws amendments: majority or 2/3 of members.
Rule adoption notice: 7–30 days; publish effective date.
Violation cure windows: 7–15 days before fines escalate.

Q: Which number matters most?
A: Your CC&Rs amendment threshold; plan outreach and e-voting early to meet quorum and approval for any hoa cc&rs vs bylaws vs rules change.

HowTo: Stay compliant (board)

Inventory every governing document and confirm the latest recorded versions.
Map the hierarchy (law → CC&Rs → bylaws → rules/guidelines).
Run a statute check and remove conflicts (flags, satellites, assistance animals, solar).
Re-adopt rules via clear resolution; include notice, comment, and effective date.
Publish a single source of truth in your documents center with version history.
Train board/ARC; use calendar and communications to keep schedules and notices tight.

Q: How often should a board do a compliance sweep?
A: At least annually—post-election—so new directors re-adopt rules and fix statute conflicts before issues arise.

HowTo: Challenge a questionable rule (owner)

Gather sources: statute links, CC&R clause, bylaw notice rules, and the written rule.
Write a calm request citing higher authority; include your proposed compliant language.
Ask for agenda placement or a hearing; attend and present facts.
Document outcomes; request minutes and the written decision.
Use owner requests to track responses; try mediation if policy allows.

Q: What’s the fastest path to change an unreasonable rule?
A: Submit a written request citing higher authority, ask for agenda placement, and propose compliant language the board can adopt quickly.

FAQ

Which document wins in a conflict?: Law controls first, then CC&Rs, then bylaws, and then rules. Articles and board decisions sit below those documents. When two provisions conflict, the higher-ranking authority prevails and the lower provision is unenforceable. If a dispute remains, check state statute and any master-association documents, which can further preempt community-level provisions.
Can rules ban something CC&Rs allow?: No. A board rule cannot contradict the declaration. Rules may clarify procedures—such as hours, forms, permits, or enforcement steps—when the CC&Rs or statute grant that power. If a rule restricts a use that the CC&Rs expressly allow, the rule is invalid and should be repealed or amended to align with higher authority.
How often can the board change rules?: As needed, provided the board gives proper notice, allows member comment, and votes in an open meeting. Many communities use a 7–30 day notice-and-comment window. After adoption, publish the effective date, update the rules index, and keep prior versions for transparency and consistent enforcement.
Do tenants have to follow rules?: Yes. CC&Rs bind owners and occupants through covenants running with the land, and rules apply to all users of the property, including tenants and guests. Owners remain responsible for their tenants’ compliance. Provide tenants a current copy of the rules, amenity hours, parking procedures, and any fines policy to avoid misunderstandings.
Can an HOA limit solar panels or satellite dishes?: Limits exist, but outright bans are typically not allowed. Many states protect residential solar access, and the FCC’s OTARD rule protects certain antennas and satellite dishes. Associations may set reasonable placement, screening, or safety standards, but they cannot effectively prohibit protected devices or make installation unreasonably expensive or burdensome.
What notice is required before a fine?: Provide written notice stating the facts, the exact governing provision, the cure window, and the time and place of any hearing. Explain how the owner can review evidence and present a defense. After the hearing, issue a written decision and note any appeal rights or timelines contained in the CC&Rs or statute.

RunHOA tools

Centralize CC&Rs, bylaws, and rules with version history in RunHOA Documents.
Adopt rules faster with e-voting, track violations & hearings, notify with Communications, and schedule in Calendar.

Q: Which RunHOA tool should we enable first?
A: Start with Documents for a single source of truth; then add Communications to deliver notices reliably.

References

Q: Do these references replace legal advice?
A: No. They are authoritative starting points. Always confirm with your CC&Rs and state statute before acting.