Homeowners associations rely on a set of written documents to establish how the community is governed, what homeowners can and cannot do, and how the association operates. Collectively, these are known as HOA governance documents.
These documents can cover everything from architectural standards and maintenance responsibilities to board elections, assessments, meetings, and enforcement procedures.
In Texas, HOA governing documents must also operate within applicable state law. The Texas Property Code contains specific requirements affecting residential property owners’ associations, while other laws may apply depending on how an association is organized.
What Are the Main HOA Governing Documents?
Although communities may use different names or additional policies, most associations rely on several core documents.
Declaration of Covenants, Conditions, and Restrictions (CC&Rs)
The CC&Rs HOA document is often the foundation of an association’s rules concerning property and homeowner obligations. It is commonly recorded against the property and establishes restrictions and responsibilities that can apply to homeowners throughout the community.
An HOA declaration may address:
- Property use and restrictions
- Maintenance responsibilities
- Assessments and other financial obligations
- Architectural requirements
- Easements and shared property
- Enforcement rights
- Restrictions concerning things such as parking, landscaping, rentals, or exterior modifications
Because CC&Rs can create obligations that run with the property, homeowners should review them carefully before purchasing a home in an HOA community.
HOA Bylaws
HOA bylaws primarily explain how the association itself operates. While the declaration focuses heavily on property restrictions and homeowner obligations, bylaws tend to focus on governance.
They may establish rules concerning:
- Board composition and elections
- Officer positions and responsibilities
- Membership and voting rights
- Board and membership meetings
- Quorum requirements
- Terms of office
- Procedures for making association decisions
Texas nonprofit corporation law also recognizes bylaws as rules adopted to regulate or manage a corporation.
Articles of Incorporation
The HOA articles of incorporation, now generally referred to in Texas as a certificate of formation for a nonprofit corporation, establish the legal existence of the corporation.
They can identify the association’s name, purpose, organizational structure, and other foundational information required under applicable law.
Not every HOA is organized in exactly the same way, so homeowners should determine which organizational documents apply to their particular association.
Rules and Regulations
Rules and regulations HOA communities adopt generally deal with practical, day-to-day matters. They provide more specific guidance than the declaration or bylaws.
For example, an association might establish rules governing:
- Pool and clubhouse use
- Parking
- Trash and recycling
- Pets
- Amenity reservations
- Common-area conduct
- Meeting procedures
- Enforcement processes
Rules are usually easier to update than foundational documents, but the board must still have the authority to adopt them and follow the required procedures.
Architectural Guidelines and Policies
Architectural guidelines provide more detailed standards for changes to a home’s appearance or property.
They may address fences, paint colors, landscaping, additions, roofing materials, sheds, solar installations, or other exterior modifications.
These guidelines often work alongside the declaration rather than replacing it. A board cannot simply adopt an architectural policy that conflicts with a higher governing document or applicable law.
How Do HOA Governing Documents Work Together?
Think of the documents as different parts of the same system. One establishes the association’s foundation, another explains how the organization operates, and others provide practical rules for the community.
| Document | Main purpose |
| Declaration/CC&Rs | Establishes property restrictions, obligations, and community covenants |
| Bylaws | Explains how the HOA is governed and how its board operates |
| Articles of incorporation/certificate of formation | Establishes the association as a legal entity |
| Rules and regulations | Provides detailed requirements for day-to-day community operations |
| Architectural guidelines | Establishes standards for property improvements and exterior changes |
The documents should be read together rather than treated as completely separate rulebooks. When a provision in one document appears inconsistent with another, the association needs to determine which provision controls.
What Is the Hierarchy of HOA Governing Documents?
HOA documents generally operate within a hierarchy. A simplified way to visualize that framework is:
State & Federal Law
↓
Recorded Plat / Community Map
↓
Declaration (CC&Rs)
↓
Articles of Incorporation
↓
Bylaws
↓
Rules and Regulations
The exact hierarchy can vary based on the association’s documents, how they were adopted, and the specific legal issue involved. The important principle is that an HOA cannot use a lower-level rule to override a higher legal authority.
1. Texas and applicable federal law
State and federal laws take precedence over private HOA rules. Texas statutes can limit what an association may regulate or establish procedures the association must follow.
Chapter 209 of the Texas Property Code, for example, contains requirements affecting residential property owners’ associations, including certain enforcement procedures.
2. Recorded plat or community map
A recorded plat identifies the subdivision’s lots, streets, easements, and other physical features. It is not usually discussed alongside the everyday HOA rules, but it can be important when determining property boundaries, easements, and development restrictions.
3. Declaration and CC&Rs
The declaration generally provides the primary framework for property-related restrictions and obligations. Because it is often recorded in the property’s chain of title, it can have a particularly important role in determining what owners are required to do.
4. Articles and organizational documents
The association’s formation documents establish its corporate identity and organizational purpose. In Texas, nonprofit corporations are governed under the Business Organizations Code unless another applicable law controls.
5. Bylaws
Bylaws provide the operating framework for the association and its board. They should remain consistent with applicable law, the declaration, and the association’s formation documents.
6. Rules and regulations
Rules are generally the most detailed and flexible level of HOA governance. They should be based on authority granted by the higher governing documents and applicable law.
What Happens When an HOA Rule Conflicts With Its Governing Documents?
A board cannot simply enforce a rule because it appears in an HOA rulebook. The rule must have a valid basis.
Suppose an HOA’s declaration permits homeowners to maintain a particular type of improvement, but a later board-adopted rule attempts to prohibit it entirely. The board may not have the authority to impose that restriction through a simple rule.
When a conflict arises, the association should review:
- The applicable Texas or federal law
- The recorded declaration and plat
- The association’s formation documents
- The bylaws
- The rule or policy in question
- The procedures used to adopt or amend the rule
Because the outcome can depend on the language of the documents and the circumstances, significant disputes may require advice from an attorney familiar with Texas HOA law.
Who Creates and Can Change HOA Governing Documents?
Different documents can have different amendment procedures.
The declaration may require approval from a specified percentage of homeowners before it can be amended. Bylaws may establish their own amendment process, while the board may have authority to adopt or revise certain operational rules.
The key is authority and procedure. A board should not assume that because it can adopt community rules, it can also rewrite the declaration or bypass homeowner voting requirements.
Boards should also keep accurate records of amendments, including the date they were approved, the authority under which they were adopted, and any required recording or notice.
How Do Texas Laws Affect HOA Governing Documents?
Texas HOA governance does not exist in a vacuum. State law can establish rights, restrictions, notice requirements, disclosure obligations, and procedures that associations must follow.
Chapter 209 of the Texas Property Code, known as the Texas Residential Property Owners Protection Act, addresses numerous aspects of residential HOA operations. For example, Section 209.006 establishes notice requirements before certain enforcement actions.
Other Texas laws may also apply to the association’s corporate structure, records, meetings, property restrictions, and other activities. A community’s governing documents therefore need to be reviewed alongside current Texas law rather than treated as the final authority on every issue.
This is particularly important when an older declaration or rule conflicts with a newer statutory requirement. Private HOA documents generally cannot give an association authority that applicable law does not permit.
Why Are HOA Governance Documents Important?
Clear governing documents benefit both homeowners and boards.
For homeowners, they explain what the association can regulate and what is expected of residents. They can answer practical questions about assessments, architectural changes, parking, pets, rentals, common areas, and enforcement.
For boards, governing documents provide a decision-making framework. They help directors understand their authority and apply community standards consistently.
Well-maintained documents can also reduce disputes. When everyone is working from the same current version of the rules, there is less room for confusion about what the HOA actually requires.
Just as importantly, outdated or inconsistent documents can create problems. A board may unintentionally enforce a provision that has been amended, overlook a statutory requirement, or adopt a rule without sufficient authority.
How Can Homeowners Find Their HOA Governing Documents?
Homeowners should be able to obtain the documents that govern their community. Start by checking the HOA’s website or homeowner portal, if one exists. The management company may also maintain copies.
For recorded documents such as declarations and plats, county property records can be another useful source.
When reviewing the documents, homeowners should look for:
- The current declaration and amendments
- Current bylaws
- Articles of incorporation or certificate of formation
- Current rules and regulations
- Architectural guidelines
- Recent amendments and policies
- Any documents identifying the board’s rulemaking authority
It is worth checking that the copy is current. An old PDF or handbook may not reflect later amendments.
Keep Your HOA Governance Organized and Compliant
Good HOA governance starts with knowing which documents control, keeping those documents organized, and making sure board decisions remain consistent with them and applicable Texas law.
For HOA boards, maintaining an accurate document library can make everyday administration much easier. Professional management can also help associations keep records organized, communicate requirements clearly, and follow appropriate procedures.
Lifetime HOA Management helps Texas communities manage the practical side of HOA operations while supporting organized, consistent governance.
FAQs
What are the four main HOA governing documents?
The four commonly identified core documents are the declaration or CC&Rs, bylaws, articles of incorporation or formation documents, and rules and regulations. Many communities also maintain architectural guidelines and other policies that form part of their broader governance framework.
Are HOA governing documents legally binding?
Many HOA governing documents can create legally enforceable obligations, particularly recorded declarations and covenants. However, enforceability depends on the document, the language used, how it was adopted, and applicable law. HOA documents must also comply with controlling state and federal requirements.
What is the difference between HOA bylaws and CC&Rs?
CC&Rs primarily address property-related restrictions, obligations, and rights within the community. HOA bylaws primarily explain how the association is organized and governed, including board responsibilities, elections, meetings, and voting procedures.
Do HOA governing documents have to comply with state law?
Yes. HOA governing documents operate within the requirements of applicable state and federal law. In Texas, statutes such as Chapter 209 of the Property Code can impose requirements on residential property owners’ associations. If a private HOA provision conflicts with controlling law, the law takes precedence.
