Decoding HOA governance: Your guide to bylaws and CCRs

On Behalf of | Jan 16, 2025 | HOA Law |

As a homeowner or member of a Homeowners Association (HOA) board of directors, it is important to understand the complexities involved in governing your community. Two essential documents govern HOA communities: bylaws and CCRs (Declaration of Covenants, Conditions, and Restrictions). While they serve distinct purposes, they also interact to maintain harmony and property values within your community.

What are bylaws and CCRs?

Bylaws are the rules that outline how an HOA operates. They cover things like how board members are elected, meetings are conducted and decisions are made. CCRs, on the other hand, are rules that focus on the physical aspects of the community. They deal with things like home appearance, landscaping and use of common areas.

How bylaws and CCRs work together

HOA boards use both bylaws and CCRs to enforce rules and maintain community standards. Bylaws give the board the authority to act, while CCRs provide the specific rules to enforce. For instance, bylaws might give the board the power to issue fines, while CCRs would specify what actions can result in fines, such as not maintaining your lawn or painting your house an unapproved color.

Changing bylaws and CCRs

It’s important to note that changing bylaws is usually easier than changing CCRs. Bylaws often require a vote by the board or a majority of homeowners to change. CCRs, however, typically need a larger majority vote and sometimes even legal assistance to modify. This is because CCRs are often recorded with property deeds and have a more lasting impact on the community.

Seeking legal advice

Understanding and interpreting bylaws and CCRs can be complex. It’s often a good idea to seek legal help when dealing with these documents. A lawyer specializing in HOA law can help you understand your rights and responsibilities, assist with changing bylaws or CCRs or help resolve disputes arising from their interpretation or enforcement.

Every member of the HOA should take the time to familiarize themselves with both sets of rules. This knowledge will help them better understand their role in the community. If you are ever unsure about the meaning or application of these rules, don’t hesitate to ask for clarification from your HOA board or seek professional legal advice