Hierarchy of Documents

The Hierarchy of Documents refers to the legally established order of precedence among an HOA’s various governing documents. This structured ranking dictates which document’s provisions will prevail if there is a conflict or inconsistency between them. Understanding this hierarchy is fundamental for HOA board members, property managers, and homeowners, as it ensures legal compliance, guides decision-making, and provides a clear framework for resolving disputes within the community. The specific order can vary slightly by state or community, but a common progression from highest to lowest authority typically includes: federal and state laws, local ordinances, the recorded plat or map, the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), the Articles of Incorporation, the Bylaws, and finally, the Rules and Regulations or Board Resolutions.

At the pinnacle of this hierarchy are Federal, State, and Local Laws, which always supersede any HOA document. For instance, fair housing laws or state-specific common interest community acts must be followed regardless of what the HOA’s own documents state. Following these are the Declaration of Covenants, Conditions, and Restrictions (CC&Rs), often considered the constitution of the community. The CC&Rs are recorded with the county and outline the fundamental rights and obligations of homeowners and the association, defining property use, architectural standards, and maintenance responsibilities. Next come the Articles of Incorporation, which formally establish the HOA as a legal entity, followed by the Bylaws, which detail the operational procedures of the association, such as election processes, board member duties, and meeting protocols. At the lowest tier are the Rules and Regulations and Board Resolutions, which are typically adopted by the board to provide detailed guidelines for daily operations and specific community policies, often expanding upon or interpreting provisions found in the higher-ranking documents.

The practical application of the Hierarchy of Documents is crucial for effective HOA management. When a board considers a new rule, amends an existing policy, or addresses a homeowner violation, they must ensure that their actions are consistent with all higher-ranking documents. For example, if a rule in the Rules and Regulations contradicts a provision in the CC&Rs, the CC&Rs will always take precedence. Similarly, if a Bylaw conflicts with a state statute, the state statute must be observed. Ignorance of this hierarchy can lead to unenforceable rules, legal challenges, and significant financial liabilities for the association. Therefore, all stakeholders should familiarize themselves with their community’s specific governing documents and their respective positions within this essential legal framework to foster a well-managed and harmonious living environment.

The board proposed a new rule banning all pets, but a homeowner pointed out that the CC&Rs specifically allow for two household pets, so the CC&Rs, being higher in the hierarchy of documents, would prevail, making the proposed rule unenforceable.
When drafting the annual budget, the treasurer ensured that the assessment collection procedures outlined in the Bylaws did not conflict with any state-mandated collection processes, adhering to the hierarchy of documents.
A homeowner challenged an architectural denial, arguing that the Architectural Guidelines (a rule) were more restrictive than the general aesthetic provisions in the CC&Rs. The board reviewed the hierarchy, confirming the CC&Rs' higher authority, but also noted that the guidelines were a valid interpretation permitted by the CC&Rs.