Homeowners associations rely on governing documents to establish community standards, define responsibilities, and maintain consistency. Two of the most important are the Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the association’s rules and regulations.
Although these documents often address similar subjects, they serve different purposes. They also have different requirements for adoption, amendment, and enforcement.
For HOA board members, understanding these distinctions is essential. A board that adopts a rule conflicting with the CC&Rs, for example, may find that the rule is unenforceable. Similarly, attempting to change a restriction through a simple board vote could create legal problems if the governing documents require homeowner approval.
Knowing how the documents work together can help boards make decisions, respond to homeowner concerns, and avoid disputes over association authority.
What Is the Difference Between HOA Rules and CC&Rs?
The primary difference between HOA rules and CC&Rs is their legal authority and how they are established or changed. CC&Rs are recorded covenants that generally establish restrictions and obligations affecting properties within the community. HOA rules are typically adopted by the board to implement those covenants and regulate matters within the association’s authority.
| Feature | CC&Rs | HOA rules and regulations |
|---|---|---|
| Primary purpose | Establish property restrictions, obligations, and association authority | Provide detailed standards for implementing and administering community requirements |
| Who creates them | Typically the developer initially, with later amendments by the association | Usually the board of directors |
| Where they’re maintained | Generally recorded in county land records | Usually maintained in the association’s official records |
| How they’re changed | Often require homeowner approval and a recorded amendment | Often changed through board action, subject to applicable procedures |
| Legal authority | Generally take precedence over conflicting board-adopted rules | Must comply with the CC&Rs and applicable law |
| Common subjects | Assessments, maintenance obligations, property-use restrictions | Pool hours, parking procedures, amenity reservations, architectural application procedures |
These are general distinctions. State law and an association’s governing documents determine the specific authority and amendment requirements that apply.
What Are CC&Rs in an HOA?
CC&Rs stands for Covenants, Conditions, and Restrictions. This document, often called the declaration, establishes many of the fundamental rights, restrictions, and obligations associated with properties in a homeowners association.
CC&Rs are typically recorded in the county’s official land records and are intended to bind current and future property owners, subject to applicable law.
Unlike routine operating policies, CC&Rs establish many of the legal obligations that define how the association and community function.
What do HOA CC&Rs typically cover?
The contents vary by association, but common provisions include:
- Property-use restrictions: Limitations on how homes, lots, and common areas may be used.
- Maintenance responsibilities: Requirements identifying which property components homeowners must maintain and which are the association’s responsibility.
- Assessment obligations: The association’s authority to collect regular assessments and, where authorized, special assessments.
- Architectural restrictions: Requirements governing exterior alterations, additions, landscaping, and other property modifications.
- Common-area rights: Provisions establishing ownership, maintenance obligations, and permitted uses of shared property.
- Enforcement authority: Powers and procedures relating to violations, fines, and other remedies, subject to state law.
For example, a community’s CC&Rs might prohibit homeowners from constructing detached accessory buildings without architectural approval.
That restriction would generally remain in effect unless properly amended or otherwise rendered unenforceable under applicable law.
Why are CC&Rs legally significant?
CC&Rs are more than a collection of community preferences. They are recorded restrictions and obligations that can affect the use and ownership of property.
Because of their legal significance, boards generally cannot change substantive CC&R provisions simply by adopting a new rule.
Amending the declaration typically requires following specific procedures, which may include obtaining approval from a designated percentage of homeowners and recording the amendment.
The required voting threshold depends on the governing documents and applicable state law.
What Are HOA Rules and Regulations?
HOA rules and regulations are policies adopted by the association to establish more specific standards for community operations, property use, and shared amenities.
They generally supplement the CC&Rs rather than replace them.
For example, a community’s CC&Rs may authorize the association to regulate the use of recreational facilities. The board might then adopt rules establishing pool hours, guest limits, and reservation procedures.
The declaration provides the underlying authority, while the rules establish the operational details.
Common examples of HOA rules
Depending on the association’s authority, rules may address:
- Swimming pool hours and guest policies
- Clubhouse and amenity reservations
- Parking procedures and designated parking areas
- Trash container placement and collection schedules
- Common-area use and conduct
- Architectural application and submission procedures
- Pet waste disposal in shared spaces
- Procedures for reporting maintenance concerns
Not every rule is automatically enforceable simply because the board adopted it.
A valid rule generally must fall within the board’s authority, comply with applicable law, and satisfy any required adoption procedures.
Can an HOA board create new rules?
In many associations, yes. Boards often have authority to adopt reasonable rules governing common areas and implementing existing restrictions.
However, that authority is not unlimited.
A board cannot ordinarily use a rule to override a declaration provision or create a substantive property restriction that requires a CC&R amendment.
For example, if the declaration expressly permits homeowners to keep two household pets, a board-adopted rule prohibiting all pets could conflict with the CC&Rs.
Whether a particular rule is valid depends on its wording, the governing documents, and applicable law.
Which Takes Precedence: HOA Rules or CC&Rs?
When an HOA rule directly conflicts with the CC&Rs, the CC&Rs generally take precedence, provided the declaration itself complies with applicable law.
An association’s governing documents operate within a hierarchy of authority. Although the precise order can vary by jurisdiction, California provides a clear statutory example.
Under California Civil Code Section 4205, conflicting provisions are resolved according to the following order:
- Applicable law
- Declaration or CC&Rs
- Articles of incorporation
- Bylaws
- Operating rules
The statute expressly provides that operating rules cannot override conflicting provisions in the declaration, articles, or bylaws.
For example, suppose an HOA’s CC&Rs permit homeowners to install fences up to six feet tall, subject to architectural approval. The board subsequently adopts a rule limiting all fences to four feet.
Whether the new rule is valid would depend on the declaration’s wording. If the CC&Rs establish an unconditional six-foot entitlement, the rule could conflict with that right. If the declaration authorizes the board to establish additional design standards, the four-foot limitation might be permissible.
The distinction matters because not every additional requirement creates a conflict. Boards must consider both the language of the restriction and the authority granted elsewhere in the governing documents.
How Are HOA Rules Changed?
Changing an HOA rule is often less complicated than amending the CC&Rs, but boards still need to follow applicable procedures.
Depending on state law and the governing documents, the process may involve providing advance notice, allowing homeowner comments, and approving the change at a properly noticed board meeting.
Review the board’s authority
Before proposing a rule change, the board should identify the provision authorizing it to regulate the subject.
For example, if the board wants to establish new parking procedures, it should review the declaration’s parking provisions and any authority granted to regulate common areas.
The board should also determine whether the proposed change affects a right already established in the CC&Rs.
Follow required notice and approval procedures
Some states impose specific procedural requirements.
California’s Civil Code Section 4360 generally requires associations to provide at least 28 days’ notice before adopting certain operating rule changes. The notice must include the proposed language and explain its purpose and effect.
The law also establishes exceptions, including certain situations involving imminent threats to public health or safety or substantial economic loss.
Other states may have different requirements. Boards should confirm the applicable procedures rather than assume that a majority vote at a board meeting is sufficient.
Communicate the changes to homeowners
Once a rule has been properly adopted, the association should distribute the updated language through its established communication channels.
Boards should also update the association’s rules and regulations document so homeowners can reference the current requirements.
Clear communication can reduce disputes caused by outdated information or inconsistent interpretations.
How Are HOA CC&Rs Amended?
Amending CC&Rs generally requires a more formal process because the changes may affect property rights and obligations throughout the community.
The specific requirements depend on state law and the declaration, but the process commonly includes preparing proposed amendment language, obtaining the necessary homeowner approval, and recording the amendment in the county’s land records.
Determine the required homeowner approval
Many declarations require a supermajority of homeowners to approve amendments.
For example, Florida Statute 720.306 generally establishes a two-thirds voting-interest requirement for amendments when the governing documents or applicable law do not provide otherwise, subject to statutory exceptions.
That does not mean every Florida HOA amendment requires exactly two-thirds approval. Boards must review the association’s existing documents and the specific legal requirements.
Prepare the proposed amendment
The board should work with the association’s attorney to draft language that clearly identifies the proposed changes.
Legal review is particularly important when amendments affect assessments, property-use restrictions, maintenance obligations, or other substantive homeowner rights.
Poorly drafted amendments can create conflicting provisions or uncertainty about enforcement.
Conduct the required vote
The association must follow applicable meeting, notice, quorum, and voting procedures.
Because amendment thresholds can be substantial, obtaining enough homeowner participation may be one of the biggest challenges.
Boards should plan their communication and voting procedures carefully to avoid having to repeat the process.
Record the approved amendment
In many jurisdictions, an approved declaration amendment must be recorded before it becomes effective.
Florida Statute 720.306, for example, establishes recording requirements for governing document amendments.
After recording, the association should update its records and provide homeowners with the required notice or copies.
Can an HOA Enforce a Rule That Is Not in the CC&Rs?
Yes, an HOA may be able to enforce a rule that is not expressly written in the CC&Rs, provided the association has the authority to adopt it and the rule satisfies applicable legal requirements.
A rule does not necessarily have to appear word for word in the declaration to be enforceable.
Consider a community whose CC&Rs authorize the association to regulate the use of its clubhouse. The board may be able to establish a reservation policy, occupancy limits, and cleanup requirements without amending the declaration each time an operational detail changes.
However, the board must still act within its authority.
California Civil Code Section 4350 provides a useful example of the standards applied to operating rules. Under that statute, a valid rule must be written, reasonable, within the board’s authority, consistent with governing law and higher-ranking documents, and adopted in good faith through the required procedures.
Other states may apply different standards. Boards should also distinguish between rules governing association-owned common areas and restrictions affecting privately owned property. The latter may require more specific authority under the declaration or state law.
What Happens When an HOA Rule Conflicts With the CC&Rs?
A conflict can create enforcement problems, homeowner disputes, and potential legal expenses.
For example, suppose an association’s declaration expressly allows homeowners to rent their properties for periods of at least 30 days. The board later adopts a rule prohibiting all rentals shorter than 12 months.
If the declaration does not authorize the board to impose additional rental restrictions, the new rule may exceed the board’s authority.
Homeowners affected by the rule could challenge its validity. When a potential conflict is identified, the board should review the relevant provisions before taking enforcement action.
The association may need to revise or repeal the rule, clarify an ambiguous provision, or pursue a formal CC&R amendment if it wants to establish a new restriction.
Boards should avoid continuing enforcement solely because a rule has been in place for years. Longstanding practice does not necessarily make an invalid rule enforceable.
How Should HOA Boards Handle Outdated or Conflicting Governing Documents?
Governing documents can become outdated as laws change, communities mature, and operational needs evolve.
An association may have a declaration written decades ago, bylaws amended several times, and a rules document that has not been comprehensively reviewed in years.
These circumstances can create inconsistencies that make board decisions more difficult.
A periodic governing document review can help identify provisions requiring clarification or legal attention.
During that review, boards should consider whether:
- Existing rules are supported by the declaration or other applicable authority.
- Amendments have been properly approved and recorded.
- Current policies conflict with newer statutory requirements.
- The association’s rules reflect its actual operating practices.
- Homeowners have access to the current versions of governing documents.
- Enforcement procedures are consistent with applicable law and the association’s governing documents.
Boards should also maintain a clear distinction between formal governing documents and informal practices.
For example, a board may have historically allowed residents to reserve the clubhouse by contacting a particular board member. That practice does not necessarily establish a formally adopted rule.
Documenting policies and reviewing them with legal counsel can reduce confusion when board membership changes.
Common Mistakes HOA Boards Make With Rules and CC&Rs
Misunderstanding the relationship between governing documents can lead to decisions that are difficult to enforce or defend.
Assuming the board can change any restriction
Board members may have broad authority over association operations, but that does not necessarily include changing property restrictions established in the declaration.
Before adopting a significant restriction, boards should confirm whether it requires a CC&R amendment.
Treating rules and CC&Rs as interchangeable
Although both documents may contain enforceable requirements, they serve different legal purposes.
Using the terms interchangeably can create confusion about how a provision was adopted and what procedures are required to change it.
Failing to follow rulemaking procedures
Even a reasonable rule may be challenged if the board fails to provide legally required notice or follow the proper approval process.
Boards should document when and how new rules are adopted.
Enforcing outdated restrictions
A restriction may have been amended, superseded by law, or affected by a court decision.
Before initiating enforcement, the association should confirm that the provision remains valid and applicable.
Making exceptions without reviewing the documents
Boards sometimes approve exceptions based on convenience or individual circumstances without determining whether they have the authority to do so.
Inconsistent or unauthorized exceptions can create disputes and undermine future enforcement.
Frequently Asked Questions About HOA Rules and CC&Rs
Are HOA rules legally binding?
HOA rules can be legally binding when they are adopted within the association’s authority, comply with applicable law, and satisfy required procedures. A rule that conflicts with the CC&Rs or exceeds the board’s authority may be unenforceable.
Can an HOA board change the CC&Rs without homeowner approval?
Generally, substantive CC&R amendments require homeowner approval under the governing documents and applicable law. However, certain statutes and declarations permit limited amendments or corrections without a membership vote. Boards should verify the requirements before proceeding.
Do CC&Rs override HOA rules?
Generally, yes. When a board-adopted rule directly conflicts with the declaration, the CC&Rs typically control. Applicable law can override both documents, and some jurisdictions establish specific exceptions.
Are HOA bylaws the same as CC&Rs?
No. Bylaws generally govern how the association operates as an organization, including board elections, meetings, and officer responsibilities. CC&Rs establish property-related restrictions, obligations, and association rights.
Can an HOA enforce a rule that homeowners never voted on?
Potentially. Boards often have authority to adopt certain operating rules without a homeowner vote. However, the rule must fall within the board’s authority and comply with applicable notice, adoption, and enforcement requirements.
Do HOA rules have to be recorded with the county?
Ordinary board-adopted operating rules generally do not require recording in county land records. CC&Rs and amendments to the declaration typically do, subject to state law. Associations should confirm the requirements for the particular document.
Can homeowners challenge an HOA rule?
Yes. Homeowners may be able to challenge rules that violate applicable law, conflict with governing documents, exceed the board’s authority, or were adopted improperly. Available remedies and dispute-resolution procedures vary by jurisdiction.
Understanding the Difference Helps Boards Make Better Decisions
HOA rules and CC&Rs work together, but they are not interchangeable.
The CC&Rs establish many of the fundamental restrictions and obligations governing the community. Rules and regulations provide more specific standards for carrying out those requirements and managing association operations.
For board members, the most important consideration is understanding where the association’s authority comes from and which procedures apply before making a change.
Whether the board is revising a parking policy, updating architectural guidelines, or considering a new property-use restriction, reviewing the governing documents first can prevent unnecessary disputes and enforcement problems.
For additional guidance on HOA governance and board responsibilities, explore the resources available at The Honest HOA.
Editorial note: This article provides general educational information and does not constitute legal advice. HOA governing document requirements vary by jurisdiction. Boards should consult their association’s attorney when interpreting, amending, or enforcing governing documents.