CHOA’s existence and operation is determined by a set of governing documents. In general, the documents are in order of precedence from highest to lowest (e.g., CC&Rs outweigh Bylaws that outweigh Articles of Incorporation that outweigh Rules). All documents are superseded by applicable California and Federal laws. An important California Civil Code, called the Davis-Stirling Common Interest Development Act, governs many HOA functions and procedures.
Covenants, Conditions and Restrictions (CC&Rs)
The CC&Rs state important HOA governing topics including the Board’s rights and responsibilities to govern and enforce Association rules, property standards, and terms. CC&Rs also include owner rights and responsibilities, determine what is considered common area versus private residence, and discuss procedures for making amendments.
Bylaws set the HOA’s responsibilities such as collecting dues and enforcing rules. Bylaws also set HOA procedures for things like conducting elections and meetings, determining Board service terms, and reviewing the annual budget.
Articles of Incorporation
The Articles of Incorporation are written when a community or development is planned and built. These Articles contain fundamental details about the Association such as its location, size, and initial proclamations.
CHOA’s Rules contain items not typically covered in the CC&Rs relating to owner activities, residential appearances, and day-to-day Association living. Items in the Rules tend to be more specific than CC&Rs.