HOA Rules Explained: What Are They Called and How Are They

New board members often ask what the stack of governing documents actually means and which one controls any given situation. The answer starts with understanding what each document is called, what it covers, and where it falls in the hierarchy of authority.

The Governing Document Hierarchy

Every HOA community is governed by a layered set of documents. Each layer has a name, a function, and a position in the hierarchy. When they conflict, higher authority wins—always.

State law. Statutes like Nevada NRS 116, California’s Davis-Stirling Act, and Florida’s Chapter 720 (significantly amended by HB 1021 in 2023) establish minimum requirements that apply to every HOA in the state. No governing document can provide less than state law requires.

Articles of incorporation. The corporate charter that creates the HOA as a legal entity under state law. Rarely relevant to day-to-day governance.

Declaration of Covenants, Conditions, and Restrictions (CC&Rs). The recorded document that governs land use, owner obligations, architectural standards, and the fundamental structure of the community. Recorded with the county; binds all owners and runs with the land.

Bylaws. Internal corporate governance: how directors are elected, how meetings are run, what quorum is required, what authority officers have. Not typically recorded.

Rules and Regulations. Operational day-to-day standards. Pool hours. Parking procedures. Guest policies. Amenity use rules. Adopted and changed by board vote alone.

Rules and Regulations are the document you interact with most often as a homeowner. They are also the lowest authority tier. When a rule conflicts with the CC&Rs, the CC&Rs win.

What Rules and Regulations Are Formally Called

The document name varies by community and the attorney who drafted it. You may find it called:

• Rules and Regulations
• Community Rules
• Policies and Procedures
• Community Standards
• Handbook (some communities use this for an informal compilation, though it may not be formally adopted)

What matters more than the name is whether the document was formally adopted by board resolution and whether homeowners were notified. A document labeled “Handbook” that was never formally adopted by a board vote is not enforceable rules—it is guidance. A document labeled “Community Policies” that was adopted by board resolution is enforceable.

When in doubt, ask: was this adopted by the board? If not, it is not rules.

What Rules and Regulations Cover

Rules operate in the space between what the CC&Rs establish as principles and what needs to be operationally specific. The CC&Rs might say “owners must maintain common area amenities in a neat condition.” The rules define what “neat condition” means: no food or beverages in the pool area, no glass containers, pool hours 7am–10pm, no lifeguard on duty—swim at your own risk.

Common subjects of rules and regulations:

Amenity use. Pool hours, gym access procedures, reservation requirements for clubhouse use, guest limits.

Parking. Specific stall assignments, overflow parking procedures, visitor parking time limits, commercial vehicle restrictions beyond what the CC&Rs say.

Move-in and move-out. Scheduling requirements to protect elevators and loading areas in condos, fees for moves that damage common elements.

Noise. Quiet hours, restrictions on construction work during certain times, rules about music in common areas.

Trash and recycling. When containers can be placed at the curb, requirements for wildlife-resistant containers in some regions.

Pets. Leash requirements, approved walking areas, cleanup obligations—often supplementing rather than replacing CC&R pet provisions.

Short-term rentals. If the CC&Rs are silent or only partially address platforms like Airbnb, rules can add operational requirements: registration with the HOA, minimum-night stays, emergency contact requirements.

How Rules Are Adopted

The adoption process is simpler than amending the CC&Rs or bylaws. Typically:

1. The board drafts a proposed rule or amendment to existing rules.
2. In states that require it (California is one), the board provides homeowners with a notice-and-comment period—typically 28 days—before the rule takes effect.
3. The board votes on the rule at a board meeting. A simple majority of directors approves it.
4. The rule is documented in the board meeting minutes.
5. The updated Rules and Regulations are distributed to all homeowners (or posted on the community portal if one exists).

The notice-and-comment requirement is state-specific. California Civil Code § 4360 requires HOAs to give 28 days notice before adopting or amending rules that impose a monetary penalty, change maintenance obligations, or restrict use of common areas. Other states have similar requirements. Know your state’s statute before rushing a rule into effect.

Even without a statutory requirement, providing homeowners notice of proposed rules before adoption is good governance. It reduces opposition and lets you catch unintended consequences before the rule goes live.

Which Rules Bind Renters

Renters are occupants of the community and are bound by all of the community’s rules. The CC&Rs typically require owners to include HOA rule compliance as a condition of tenancy and to provide renters with a copy of the rules. The owner is responsible for ensuring their tenants comply.

When a tenant violates the rules, the fine notice goes to the owner—not the tenant. The owner may then need to address the tenant’s conduct through the lease agreement. The HOA’s enforcement relationship is with the owner; the owner’s enforcement relationship is with the tenant.

Some communities go further: they provide renters with a copy of the rules at move-in and require the owner to certify that they have done so. This reduces “I didn’t know” defenses from tenants and establishes that the owner took responsibility for tenant compliance.

What Rules Cannot Override

The hierarchy is firm. Rules cannot do any of the following:

Override state law. Florida’s HB 1021 (2023) changed specific requirements for HOAs statewide. Any HOA rule that contradicts the statutory requirements HB 1021 established is simply void.

Override the CC&Rs. If the CC&Rs say homeowners may keep one pet up to 50 pounds, the rules cannot impose a lower weight limit or ban pets entirely—that would be a more restrictive standard than the CC&Rs authorize, and it would require a CC&R amendment to make enforceable.

Override the bylaws. A rule that purports to change election procedures or officer authority is impermissible—those are bylaw topics, and changing them requires a homeowner vote.

Create new assessments. The authority to levy assessments comes from the CC&Rs. Rules cannot create financial obligations on owners that go beyond what the CC&Rs authorize.

Discriminate based on protected class. Rules that have a discriminatory effect on families with children, racial or ethnic groups, people with disabilities, or other protected classes under the Fair Housing Act are illegal regardless of what the governing documents say.

How to Find Your Community’s Rules

Boards have an obligation to make the rules available to homeowners. The rules cannot be enforced if homeowners have no reasonable way to know what they say.

Most HOAs distribute a welcome packet that includes the rules when a new owner purchases in the community. If you never received one, or if the rules have been updated since you moved in, you can:

• Request a copy from the board, property manager, or HOA management company. Most states require the HOA to provide governing documents to owners on request within a specific timeframe.
• Check the HOA’s website or community portal if one exists.
• In states that require it, the rules should be included in the annual disclosure package sent to all owners.

If the board cannot produce a current, formally adopted version of the rules, that is a governance gap. Unadopted rules—guidance documents that were never formally voted on—are not enforceable the same way formally adopted rules are.

Why the Distinction Matters in Enforcement

With 365,000+ HOAs and 74 million Americans in these communities (CAI, 2024), enforcement disputes are common. The boards that prevail in disputes are those that can answer a simple question for every enforcement action they take: what specifically was violated, and which document—which specific section—authorizes the enforcement?

If the answer is “Section 7.3 of the Rules and Regulations, adopted by board resolution on March 14, 2023,” you are on solid ground. If the answer is “we’ve always done it this way” or “it’s in the handbook we gave out a few years ago,” you are not.

For more on the enforcement process itself, see the HOA enforcement guide and the violation enforcement guide.

DEFINITION

Rules and Regulations

The operational rules of an HOA adopted by board resolution, covering day-to-day community standards. The lowest tier in the governing document hierarchy.

DEFINITION

Board resolution

A formal vote and documented decision of the board of directors. The mechanism by which rules and regulations are adopted, amended, or repealed.

DEFINITION

Governing document hierarchy

The order of authority: state law > articles of incorporation > CC&Rs > bylaws > rules and regulations. A lower document cannot override a higher one.