Understanding Governing Documents

There are several documents that make up your governing documents and it can be confusing for Board’s to know where to look when they need information. Below is an overview of the documents. The documents are listed in order of authority.

• Civil Code
  • The Davis-Stirling Act is the set of civil codes that govern Homeowner Associations. Other laws pertain to HOAs as well. Your assigned manager can help guide you on where to look if you have questions. The Davis-Sterling website is a great resource for Board Members and owners.
• CC&Rs
  • The Declaration of Covenants, Conditions & Restrictions, most commonly known as CC&Rs, describes the rights and obligations of the membership to the association and the association to the membership. CC&Rs generally cover the following:
    • Restrictions on the use of property
    • Member and association maintenance duties
    • Enforcement powers
    • Lender protection provisions
    • Assessments obligations and lien/collection rights
    • Duty to insure
    • Dispute resolution and attorneys’ fees provisions
• Articles of Incorporation
  • Articles of Incorporation are only a few pages long and do the following:
    • Identify the corporation as an association formed to manage a common interest development under the Davis-Stirling Act
    • State the business or corporate office of the association
    • State the name and address of the association’s managing agent
• Bylaws
  • Bylaws establish policies and procedures for the governing of an association such as:
    • Election of directors
    • Number of Directors
    • Terms of office
    • Directors’ powers and duties
    • Appointment of Officers
    • When and how meetings are held
    • Quorum and voting requirements
    • Appointment of committees
• Rules & Regulations
  • The CC&Rs allow for Boards to create Rules and Regulations to help govern the HOA. The Rules that Boards adopt must be considered reasonable and cannot conflict with the CC&Rs, Bylaws or Civil Codes. For an in-depth look at the Rules and Regulations as well as a description of how to adopt or amend rules please see Understanding Rules and Regulations (LINK).