Definition
The full set of documents that establish and govern an HOA — typically the articles of incorporation, CC&Rs, bylaws, and adopted rules.
"Governing documents" is the umbrella term for the legal instruments that create an HOA and define how it runs. They exist in a hierarchy, and when they conflict, the higher document generally controls.
The usual hierarchy
- Articles of incorporation — create the association as a legal entity.
- CC&Rs — govern the property and owners' obligations.
- Bylaws — govern how the association operates.
- Rules and regulations — day-to-day policies adopted by the board.
Every board decision should trace back to authority in these documents. State law sits above all of them.