Heirarchy of Documents in a HOA Community

Many People ask the question as to what is controlling in a Homeowners association? Is it California law or is it the governing documents, homeowners association bylaws...? Actually there is a California Civil Code that addresses this very issue. Under California Civil Code section 4205 of the Davis-Stirling Act the section goes on to describe the conflicting document hierarchy. I have inlcuded the entire portion of Civil Code 4205 for the readers reference.

California Civil Code Section 4205

4205.  (a) To the extent of any conflict between the governing
documents and the law, the law shall prevail.
   (b) To the extent of any conflict between the articles of
incorporation and the declaration, the declaration shall prevail.
   (c) To the extent of any conflict between the bylaws and the
articles of incorporation or declaration, the articles of
incorporation or declaration shall prevail.
   (d) To the extent of any conflict between the operating rules and
the bylaws, articles of incorporation, or declaration, the bylaws,
articles of incorporation, or declaration shall prevail.

How Does the Davis Stirling Act Apply to Common Interest Developments

California Civil Code § 4200 states the following;

4200.  This act applies and a common interest development is created whenever a separate interest coupled with an interest in the common area or membership in the association is, or has been, conveyed, provided all of the following are recorded:

(a) A declaration.

(b) A condominium plan, if any exists.

(c) A final map or parcel map, if Division 2 (commencing with Section 66410) of Title 7 of the Government Code requires the recording of either a final map or parcel map for the common interest development.