HOA Governing Documents

Question: "What are the Homeowners Associations governing documents?"

I use this term and many people are thrown off by it. Generally, people refer to the documents that they receive when they purchase a residence in a HOA by calling them the CC&R's. (Covenant, Conditions and Restrictions)

The governing documents typically included under the Davis-Stirling Act are the Declaration, Bylaws, and any other documents that prescribe the rules of the community, which ma include the Articles of Incorporation if the community is incorporated. Civil Code § 1351 describes the Declaration as a document that contains the information that is required of Civil Code § 1353(a) (1):

A declaration, recorded on or after January 1, 1986, shall contain a legal description of the common interest development, and a statement that the common interest development is a community apartment project, condominium project, planned development, stock cooperative, or combination thereof. The declaration shall additionally set forth the name of the association and the restrictions on the use or enjoyment of any portion of the common interest development that are intended to be enforceable equitable servitudes. ( There is additional language required under the statute section if property is recorded after Jan 1, 2004 & located in airport influence area-see code section)

Civil Code § 1354(a) states that the covenants and restrictions recorded in the Declaration are enforceable as equitable servitudes unless unreasonable. The reasonableness of a restriction contained in the Declaration becomes an issue when an association board enforces such a restriction, or whether the homeowner defends a board enforcement action on the grounds that the restriction is unreasonable and therefore unenforceable against the homeowner.

Generally, the Bylaws are not recorded and do not contain equitable servitudes upon the community and for this reason are easier to amend and make changes, which are typically done through community voting. The Bylaws are usually the governing document that contain the internal operational rules of the community.

Note: The information contained is not legal advice and does not establish an attorney-client relationship. Contact us via email Ryan.McClure.Esq@gmail.com or call us at 951.818.0687.