When you buy into a community with a Homeowners Association in California, you are not just buying a home. You are also agreeing to live by a set of legal rules that govern how the community operates.
Two of the most important documents you will hear about are the CC&Rs and the bylaws. They often get mentioned together, which can make them easy to confuse. In reality, they serve different purposes and carry different legal weight.
This guide walks through what each document does, how they interact, and when it makes sense to speak with a real estate and HOA attorney at Stone & Sallus for help.
The Foundation of an HOA: What Are Governing Documents?
Every HOA operates under a stack of legal documents. Together, they act as the roadmap for how the community is run, how decisions are made, and what owners can and cannot do.
In a typical California common interest development, the main governing documents include:
- CC&Rs
- Articles of Incorporation
- Bylaws
- Operating rules and written policies
The CC&Rs and bylaws are usually the most important for day to day issues between owners and the association. They can affect everything from your ability to rent your home, to how architectural changes are approved, to how the board is elected.
If you live in a California HOA, it is smart to know where these documents are, read them at least once, and review them before any major decision, such as a remodel, a rental plan, or running for the board.
What Are CC&Rs?
Definition and Purpose of CC&Rs
CC&Rs stands for Covenants, Conditions and Restrictions. They are recorded with the county and are tied to the property itself. That means they usually “run with the land,” and bind current owners as well as future owners.
The CC&Rs serve as the core contract between the association and all owners in the community. They establish:
- Use restrictions
- Rights and obligations of owners
- Rights and powers of the HOA
Because they are recorded, CC&Rs often carry more legal weight than other documents and are usually harder to change.
Common Topics Covered in CC&Rs
While every community is different, CC&Rs often address:
- Use restrictions
- How homes, lots, and common areas may be used
- Rules about rentals, home based businesses, and short term stays
- Architectural control
- Requirements for exterior changes, additions, fences, and landscaping
- Role of an architectural review committee, if one exists
- Maintenance responsibilities
- Which parts of the property are maintained by individual owners
- Which areas are maintained by the association
- Assessments and collections
- Regular and special assessments
- Late fees, interest, and the association’s right to record liens
- Enforcement and dispute procedures
- How violations are handled
- Fines, hearings, and sometimes internal dispute resolution or mediation
Why CC&Rs Matter for California Homeowners
For a California homeowner, the CC&Rs can have a direct impact on:
- Whether you can rent out your home and on what terms
- What you can build or change on your property
- How noise, pets, parking, and similar issues are handled
- What happens if you fall behind on assessments
Reading the CC&Rs before you buy, and again before you remodel or rent, can help you avoid costly surprises. If you have questions about unclear language, or if the HOA is enforcing a rule that does not seem to match the document, it can be helpful to have a real estate attorney review them with you.
What Are HOA Bylaws?
Definition and Role of Bylaws
If the CC&Rs are the backbone of the community’s restrictions and property rights, the bylaws are the internal playbook for how the HOA corporation operates.
Bylaws typically sit alongside the HOA’s Articles of Incorporation. While the CC&Rs focus on property use and owner obligations, the bylaws focus on the corporate structure of the association.
What Typically Appears in Bylaws
Bylaws often address topics such as:
- Board structure
- How many directors serve on the board
- Length of terms and how vacancies are filled
- Meetings and notices
- How often meetings are held
- How owners must be notified
- What counts as a quorum
- Voting rules
- How votes are conducted
- Use of proxies or ballots
- How results are counted and reported
- Officers and their roles
- Duties of the president, treasurer, and secretary
- Who can sign contracts and checks
- Amending bylaws
- Procedures and voting thresholds needed to make changes
Why Bylaws Matter for Boards and Owners
The bylaws directly influence how much say owners have in the way the community is run. They affect:
- How easy it is to run for the board
- How elections are conducted
- How transparent board meetings and financial reporting are
- Whether decision making is concentrated or shared
For board members, following the bylaws is critical. Ignoring notice, voting, and quorum rules can lead to challenges, invalidated decisions, and disputes that might have been avoided with proper procedures.
CC&Rs vs. Bylaws: Key Differences
Even though they work together, CC&Rs and bylaws serve different purposes and sit in different places in the legal hierarchy of an HOA.
Legal Status and Hierarchy
Some key differences:
- Recording and attachment to property
- CC&Rs are recorded with the county and are tied to the property itself.
- Bylaws are usually not recorded in the same way and operate more as internal corporate rules.
- Changing the documents
- CC&Rs usually require a higher owner approval percentage and must be formally amended and recorded.
- Bylaws often have a lower voting threshold and can be changed more easily, as long as the process in the bylaws and California law is followed.
- Resolving conflicts
- If there is a conflict between CC&Rs and bylaws, CC&Rs generally control, as long as they are consistent with California law.
- Rules and policies must be consistent with both CC&Rs and bylaws.
Practical Differences for Owners
It can help to think about which document applies based on the type of problem you are facing:
- Use of your home or lot
- Issues such as short term rentals, exterior changes, pets, and parking limits are usually governed by CC&Rs and any related rules.
- Who is in charge and how decisions are made
- Concerns about board elections, recall efforts, voting rights, or meeting procedures usually involve the bylaws and applicable California statutes.
Short example:
- If the HOA tells you to remove a patio cover or repaint your house, the starting point is usually the CC&Rs and any architectural guidelines.
- If you are questioning whether a recent election was properly run, the bylaws and election rules matter more.
Demanding Removal or Modification
Beyond CC&Rs and bylaws, most boards adopt operating rules and policies that fill in the details. These might include:
- Pool and clubhouse rules
- Pet policies
- Parking and towing rules
- Fine schedules and enforcement procedures
These rules cannot contradict the CC&Rs or bylaws, and they must follow specific procedures under California law when they are adopted or changed.
Over time, rules can become outdated or inconsistent with newer statutes. Boards often benefit from having an HOA attorney review their rules on a regular basis to confirm they still align with state law and the association’s own governing documents.
Can CC&Rs and Bylaws Be Changed?
Amending CC&Rs
CC&Rs can be amended, but the process is usually formal and sometimes difficult. It often involves:
- Drafting proposed changes
- Obtaining a required percentage of owner approval
- Recording the amendment with the county
Because CC&Rs are so central to the rights and obligations of all owners, amending them is a step that should be taken carefully, with clear language and legal guidance. Poorly drafted changes can create confusion and more disputes than they solve.
Amending Bylaws
Bylaws are usually somewhat easier to amend than CC&Rs. Still, the board must:
- Follow the amendment procedures written into the bylaws
- Provide proper notice to owners
- Make sure any changes comply with California nonprofit corporation and common interest development laws
Skipping these steps can expose the association to challenges that a court may later have to resolve.
When an HOA Should Consider Amendments
It may be time to update CC&Rs or bylaws when:
- Provisions are clearly out of date or conflict with current California law
- The community has grown or changed and the documents no longer reflect how it actually functions
- Language is vague, conflicting, or regularly causes disputes
- New laws, such as those affecting rental restrictions, election procedures, or access to records, are not reflected in the documents
Working with experienced counsel helps ensure the association’s documents stay enforceable and practical.
Common Issues and Disputes Involving CC&Rs and Bylaws
Some of the most common HOA disputes in California involve how CC&Rs and bylaws are interpreted or enforced. Examples include:
- Architectural changes that are denied or approved inconsistently
- Conflicts about short term rentals, parking, pets, or noise
- Fines or violation notices that owners believe are unfair or unsupported
- Election challenges, recall efforts, and questions about board authority
- Claims of selective or uneven enforcement between different owners
Because these disputes involve both contract principles and specialized California statutes, they can escalate quickly if not addressed correctly. Early legal advice often saves time and cost for both owners and associations.
How an HOA Attorney Can Help
For Homeowners
Individual owners often benefit from legal advice when they:
- Receive a violation letter, fine, or threat of legal action from the association
- Are told they must undo a remodel or improvement they believed was allowed
- Suspect the board is acting outside of its authority under the governing documents
- Are considering challenging an election or major board decision
An HOA attorney can review the CC&Rs, bylaws, and rules, explain your rights and obligations, and help you respond strategically rather than emotionally.
For Boards and Associations
Boards also rely on experienced HOA counsel to:
- Review, update, or restate CC&Rs and bylaws
- Draft or revise operating rules and enforcement policies
- Provide guidance on elections, meetings, and fiduciary duties
- Assist with owner disputes, mediation, and litigation when necessary
Working with counsel who understands California HOA law and local court expectations can help the board manage risk and maintain trust within the community.
Why Work With Stone & Sallus on HOA Governing Documents?
Stone & Sallus is a Southern California law firm with deep experience in real estate, business, and trust and estate matters, including HOA related issues.
The firm advises:
- Homeowners dealing with enforcement actions or unclear CC&Rs
- Boards and property managers who need practical, compliant governing documents
- Developers and investors involved in creating or updating common interest communities
The focus is on clear, usable guidance. Rather than simply citing statutes, the attorneys at Stone & Sallus work to explain how those laws apply to your specific situation and what steps make the most sense from both a legal and practical standpoint.
When To Seek Legal Advice About Your HOA Documents
You should consider speaking with an HOA and real estate attorney if:
- You receive a violation, fine, or lien and are unsure whether it is justified
- The association is planning a major overhaul of the CC&Rs or bylaws
- There is a serious dispute about use restrictions, election procedures, or board authority
- You are buying into an HOA and want a clearer understanding of your obligations before you close
This article is general information, not legal advice. Your situation will always depend on the specific language in your governing documents and current California law.
Talk With Stone & Sallus About Your HOA Questions
If you are struggling to understand your HOA’s CC&Rs or bylaws, facing a dispute with your association, or you serve on a board that needs to update its governing documents, you do not have to figure it out alone.
Stone & Sallus can review your documents, explain your options in plain language, and help you move toward a practical solution that protects your rights and reduces conflict.
To schedule a consultation, contact Stone & Sallus here or call our firm to speak with a member of the team about your HOA concerns.
