What is the difference between CC&Rs and Bylaws?

CC&Rs (Covenants, Conditions & Restrictions) govern what homeowners can do with their property and are recorded against the land itself, binding every owner and future buyer. Bylaws govern how the association's board and membership operate internally -- meetings, elections, officer roles -- and in most states are not recorded against the property, though a handful of states do require bylaws to be recorded.

Can state law override the CC&Rs?

In a number of states, yes, on specific topics. Several states set a statutory cap or floor on what a declaration can require for amendment, or expressly say the statute controls in a conflict, or void particular restrictions outright -- regardless of what the CC&Rs say. In other states, the CC&Rs really are close to the top of the hierarchy. It varies significantly, so check your specific state.

What do I do if I cannot find my HOA's governing documents?

CC&Rs are recorded as public documents, so they can typically be obtained from the county recorder or clerk's office where the property is located, often searchable online. Bylaws are not recorded in most states and are usually only available from the association itself -- check with the previous board, a management company if one was ever used, or the association's own records.

HOA Governing Documents Explained

If you just joined a board and were handed a stack of PDFs with no explanation, start here. What each document actually does, how they relate to each other, whether state law can override your CC&Rs, and where to find yours if nobody can locate a copy.

In short: HOAs across the U.S.

Every HOA runs on a hierarchy of rules: federal and state law first, then the recorded declaration (CC&Rs), articles of incorporation, bylaws, and board-adopted rules. When they conflict, the higher one generally controls. State law also shapes how documents can be amended, often requiring an owner supermajority, and which records owners may inspect. Pick your state to see its amendment and records rules.

Look up your state's rules

Choose your state to see its governing-document rules, including condominium rules where we've researched them.

Governing-document rules depend on your state

Whether state law overrides your CC&Rs, how many owners must approve an amendment, and what has to be disclosed when a home is sold are set differently in every state.

We've researched each state's rules and linked the sources. Choose your state to read the guide with the rules that actually apply to your association.

HOA governing-document rules by state

This guide is general information about how HOAs typically operate and is not legal advice. Consult your governing documents and, where needed, a qualified attorney.