HOA CC&Rs Explained: Declaration, Bylaws & Rules Hierarchy 2026

A new board member asked us a question we hear often: “What exactly are CC&Rs, and how are they different from our bylaws and rules?” The answer matters more than most boards realize. Boards that treat all three documents as interchangeable tend to adopt rules that overstep their authority, enforce restrictions selectively, or miss amendment procedures—each of which creates liability.

CC&Rs—Covenants, Conditions, and Restrictions—are not just one document in a stack of paperwork. They are the foundational instrument that gives the HOA its legal authority to operate. Understanding where they sit in the governing document hierarchy, how they bind homeowners, and what it takes to change them is the starting point for running an HOA correctly.

The governing document hierarchy

Every HOA operates under a layered set of documents. When documents conflict, the higher-tier document wins.

State statute sits at the top. The California Davis-Stirling Act, Florida Chapter 720, and Texas Property Code Chapter 202 all set baseline requirements that CC&Rs and bylaws cannot waive—though documents may impose higher standards. Below statute comes the recorded Declaration, then the articles, then the bylaws, then board rules.

The practical consequence: a board rule that contradicts a CC&R provision is void. A CC&R provision that violates state statute is void. Boards need to know which tier each document occupies before adopting rules or interpreting restrictions.

What CC&Rs actually contain

The Declaration of Covenants, Conditions, and Restrictions does several things at once.

It establishes the legal existence of the community. The Declaration identifies the real property subject to its terms, defines the common area the HOA owns or maintains, and creates the homeowner association as the governing entity.

It imposes use restrictions on each lot. These are the provisions homeowners feel most directly: no commercial use, no structures above a specified height, no fence without architectural approval, pets must be leashed, parking restrictions, rental restrictions. These restrictions limit what an owner can do with their own property.

It creates the assessment obligation. The Declaration authorizes the HOA to levy assessments against each lot and makes those assessments a lien on the property. This is the legal basis for the annual budget, special assessments, and collection enforcement.

It establishes the enforcement mechanism. The Declaration grants the HOA authority to enforce the use restrictions, sets out the consequences for violations, and in most modern documents specifies the notice and hearing procedures the board must follow before imposing fines.

It sets the amendment threshold. Most Declarations require a supermajority vote—67% or 75% of all voting interests—before any restriction can be changed.

Covenants running with the land

The core feature of a CC&R that distinguishes it from a private contract is that it runs with the land. A covenant runs with the land when it binds not just the parties who originally signed the document but every subsequent owner of the burdened property.

For this to work legally, three elements must be present: the covenant must touch and concern the land (restrict or benefit the property itself, not just personal obligations), the original parties must have intended it to run to future owners, and there must be privity of estate between the developer who imposed the restriction and the HOA that enforces it. CC&Rs are specifically drafted to satisfy all three elements.

Recording the Declaration in the county land records gives constructive notice to every future buyer. When a homeowner purchases a lot in the community, they take title subject to all the restrictions in the recorded Declaration—whether or not they personally read it, whether or not their real estate agent mentioned it, and whether or not they agreed with any particular restriction. “I didn’t know about the no-satellite-dish rule” is not a defense.

This is also why CC&R restrictions are substantially harder to modify than board rules. Changing a covenant that runs with the land requires a vote of the burdened property owners—the homeowners—not just the administrative entity that enforces it.

How long do CC&Rs last: the 30-year problem

Most CC&Rs include an automatic renewal clause. The Declaration remains in effect for an initial term—often 20 or 30 years—and then automatically renews in 10-year increments unless a specified percentage of owners votes to terminate. For most communities, the CC&Rs run indefinitely.

Florida creates a specific wrinkle. The Marketable Record Title Act (MRTA), codified at Florida Statutes Chapter 712, was designed to clear stale encumbrances from title. It extinguishes interests in real property that have not been preserved in the land records within 30 years. HOAs in Florida whose CC&Rs predate the preservation requirement by 30 years must record a preservation notice to keep covenants enforceable against subsequent buyers. Florida Section 720.3032 establishes the preservation procedure for residential HOAs specifically.

Boards managing Florida communities should check the recording date of the original Declaration and any amendments. If the Declaration is approaching or past the 30-year mark without a recorded preservation notice, the CC&Rs may be unenforceable. Invalidated CC&Rs mean unenforceable assessments, unenforceable architectural controls, and unenforceable use restrictions. The fix—recording a preservation notice—is procedurally simple compared to the consequences of missing it.

California and Texas do not have MRTA-style automatic extinguishment, but boards in all states should periodically audit their recorded documents to confirm completeness and continuity.

Amendment vs. restatement

Amending CC&Rs means modifying one or more specific provisions while leaving the rest in place. The board drafts the proposed amendment, provides the notice required by the CC&Rs and state statute, obtains the required homeowner vote, and records the approved amendment in county records. The amendment is effective on recording, not on passage of the vote.

Amendment thresholds are high by design. Most Declarations require approval by 67% or 75% of all voting interests—not just members present at a meeting. Reaching that threshold in a community with low meeting attendance is a significant organizational challenge. California Civil Code Section 4270 requires majority approval of a quorum unless the CC&Rs specify higher; most California CC&Rs do specify higher. Florida Section 720.306 sets a floor of two-thirds of all voting interests. Texas Property Code Chapter 202 governs amendment procedures for residential subdivision restrictions.

Restatement is different in form but identical in legal effect to amendment. A restated Declaration consolidates the original CC&Rs and all prior amendments into a single clean document, adopted using the same vote threshold. The substantive content does not change—a restatement is not an opportunity to slide in new restrictions under the guise of housekeeping. What it produces is a single readable document that replaces the original plus a series of recorded amendments that may span decades.

Communities with CC&Rs that have been amended four or five times over 30 years often pursue a restatement simply to give homeowners, real estate agents, and lenders a single governing document to review. The practical benefit is significant; the legal requirements are the same as a substantive amendment.

The “reasonable” enforcement standard

Boards have discretion in enforcing CC&Rs, but that discretion is bounded by a reasonableness standard. Courts reviewing HOA enforcement actions ask whether the enforcement decision had a rational basis related to a legitimate association purpose—aesthetics, safety, property values, community harmony—and whether the board applied the restriction uniformly.

Selective enforcement is the most common and most damaging enforcement failure. A board that sends violation notices to three homeowners for the same fence height violation while ignoring twenty others with identical fences has created a selective enforcement defense that any reasonable attorney will raise in litigation. A documented pattern of selective enforcement can waive the association’s right to enforce the restriction entirely, not just against the targeted homeowner.

The California Davis-Stirling Act codifies the enforcement process at Civil Code Sections 5850 through 5865: written notice of the alleged violation, a reasonable opportunity to cure, and a hearing opportunity before monetary penalties are imposed. Florida Section 720.305 requires notice and a board hearing before fines. Texas does not have a unified enforcement procedure statute for HOAs, but common law and governing document provisions generally require notice and a reasonable cure period.

Boards that follow a written enforcement policy applied consistently have the strongest defense when homeowners challenge enforcement actions. Document the policy in the board’s rules, follow it without exception, and record the enforcement decision—including the basis for any fine amount—in meeting minutes.

What boards and secretaries need to track

The board president and secretary bear primary responsibility for the governing document stack. Several practical obligations follow:

Know your amendment history. Every recorded amendment to the CC&Rs is a separate county recording. The current operative Declaration is the original plus all amendments. Request a title search if you are not certain all amendments are accounted for.

Know your amendment threshold. The threshold is in the Declaration itself. It may differ from the state statutory minimum if the Declaration is more restrictive. Never assume a majority of members present at a meeting is sufficient to amend CC&Rs.

Check your state’s preservation requirements. Florida boards with aging CC&Rs must verify whether a preservation notice is required. Other states may have their own requirements.

Maintain a consistent enforcement log. Record every violation notice sent, every cure deadline extended, and every hearing held. The log is your evidence of uniform enforcement if a homeowner raises a selective enforcement defense.

Keep the document stack accessible. California Civil Code Section 4525 requires the HOA to provide governing documents to homeowners on request and to prospective purchasers before close of escrow. Florida Section 720.303 imposes similar disclosure obligations. Boards that cannot produce current, complete governing documents on short notice fail these obligations and slow real estate transactions in the community.

Where BoardStack fits in

We built BoardStack because the compliance obligations for self-managed HOA boards are real and consequential—and most existing tools treat document management as an afterthought. BoardStack stores your governing document stack, tracks amendment history, logs enforcement actions against individual lots, and surfaces the state-specific requirements that apply to your community.

The CC&R framework is not paperwork overhead. It is the legal foundation of the community. Boards that understand it—and operate within it—protect themselves from liability. Boards that treat it as background noise discover the consequences when a homeowner hires an attorney.

DEFINITION

Declaration of Covenants, Conditions, and Restrictions (CC&Rs)

The foundational recorded document that establishes an HOA, defines the common area and lot boundaries, imposes use restrictions and maintenance obligations on homeowners, and grants the association authority to collect assessments and enforce restrictions. Recording the Declaration in the county land records makes it binding on all current and future owners through the doctrine of covenants running with the land.

DEFINITION

Covenant Running with the Land

A covenant that binds not just the original parties but every subsequent owner of the burdened property. For a covenant to run with the land it must touch and concern the land, the original parties must have intended it to run, and there must be privity of estate. HOA CC&Rs are specifically drafted to meet these requirements so that the restrictions bind buyers who had no personal relationship with the developer.

DEFINITION

Governing Document Hierarchy

The priority order that determines which HOA document controls when documents conflict. From highest to lowest authority: applicable state statute, the recorded Declaration (CC&Rs), the articles of incorporation, the bylaws, and board-adopted rules and regulations. A lower-tier document that conflicts with a higher-tier document is void to the extent of the conflict.

DEFINITION

Marketable Record Title Act (MRTA)

A state statute, most consequentially applied in Florida, that extinguishes interests in real property—including restrictive covenants—that have not been preserved in the land records within a specified period, typically 30 years. Florida HOAs must record periodic preservation notices to keep CC&Rs enforceable against buyers who would otherwise take title free of stale encumbrances.

DEFINITION

Amendment Threshold

The percentage of homeowner votes required to modify the CC&Rs. Most Declarations require a supermajority—typically 67% or 75%—of all voting interests in the community, not just those present at a meeting. The threshold is set in the Declaration itself, subject to any minimum requirement in state statute.

DEFINITION

Restatement

A consolidated version of the CC&Rs that incorporates all prior amendments into a single, clean document. A restatement is adopted using the same vote threshold as an amendment but does not change substantive rights. It is a housekeeping exercise that eliminates the need to read the original Declaration plus a series of recorded amendments to understand the current rules.

DEFINITION

Selective Enforcement

The practice of enforcing a CC&R restriction against some homeowners while ignoring the same violation by others. Selective enforcement is the most common defense raised by homeowners in enforcement actions. Courts have held that a pattern of selective enforcement can waive the association's right to enforce the restriction, expose the board to liability for discriminatory treatment, and give the targeted homeowner an estoppel defense.