What’s the Difference Between Homeowners’ Association Bylaws and CC&Rs

Learn the difference between the HOA Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and the HOA bylaws.

If you buy a home (such as a single-family home, condo, or townhome) in a planned, covenanted community, you will most likely be required to be part of a homeowners’ association (HOA). The HOA will have its own governing documents in the form of a Declaration of Covenants, Conditions, and Restrictions (CC&Rs) and bylaws.

Read on find out the difference between CC&Rs and bylaws.

Covenants, Conditions, and Restrictions (CC&Rs)

The Declaration of CC&Rs is the legal document that lays out the guidelines for the planned community. The CC&Rs are recorded in the county records in the county where the property is located and are legally binding. This means that when you purchase a lot or a home in a planned community, for example, you automatically become a member of the HOA.

Basically, the CC&Rs are the rules of your neighborhood. They govern what you can, cannot, or must do with respect to your home. For example, the CC&Rs may require you to keep your garage door closed or prohibit certain types of landscaping. It is also typical for the CC&Rs to regulate things such as:

basketball hoops
clotheslines
fences
TV antennas/satellite dishes, and
garbage cans.

(Learn more in Homeowners’ Associations (HOAs) and CC&Rs: Know What You’re Getting Into.)

If you don’t abide by the CC&Rs, the HOA may impose penalties for any violations. (Learn more about Covenants, Conditions & Restrictions in HOAs.)

Bylaws

An HOA, which is typically set up as a nonprofit corporation, is an organization established to manage a private, planned community. Like other corporations, the HOA is governed by a board of directors (who are elected by the members) and a set of rules called bylaws.

The bylaws govern how the HOA operates and contain the information needed to run the HOA as a business. For example, the bylaws cover matters such as:

how often the HOA holds meetings
how the meetings are conducted
the duties of the various offices of the board of directors
how many people are on the board, and
membership voting rights.

If you are thinking of purchasing a home in an HOA community (or already live in one), you should take the time to familiarize yourself with both the CC&Rs and the bylaws, so that you are aware of any neighborhood restrictions and you fully understand how the community operates.