Documents Governing Homeowners Associations

Homeowners Associations are not only governed by the California Corporation’s code, they are also governed by other state laws and codes. These include the State of California Business and Professions Code, the California Civil Code and other codes and laws such as federal laws pertaining to satellite dishes, health and safety laws and parking regulations.

These codes and laws are ranked in order of their governing power as follows. Federal ranks over State and State has precedence over Association’s Covenants, Conditions and Restrictions (CC&Rs) and Bylaws or Rules and Regulations.

CC&Rs and Bylaws differ in two major ways. First the CC&Rs define the way in which the association will be governed and provide for solutions in the event of certain events such as fire or disaster. The Bylaws give greater definition to the items that are mentioned in the CC&Rs. And second, the CC&Rs are the only document that is recorded (with the County Recorder) with the title when the property is sold and the document that binds the homeowners together.