Does state law override HOA bylaws?

State law ranks above bylaws in the governing document hierarchy. Whether a specific statute overrides your bylaws depends on whether that statute is a mandatory rule or a default that only fills a gap your bylaws leave open.

Can an HOA declaration set stricter rules than state law?

Where a statute is a default, the declaration can set its own rule in place of it. Where a statute is mandatory, the declaration cannot set a rule that conflicts with it, so check which kind of statute you are dealing with.

How do I know if my state adopted the Uniform Common Interest Ownership Act?

Fewer than half of states have adopted it, and adopting states use different years' versions. Search your own state's common interest ownership or condominium statute directly rather than assuming another state's version applies.

Where documents meet the lawLesson 14 of 26

Academy/Governing Documents

Governing documents vs state law

Your declaration and bylaws are not the top of the hierarchy. State law is, and it does two different jobs.

State law ranks above your declaration, bylaws, and rules. It does two jobs: where your documents are silent, state statute supplies a default rule; where a statute is mandatory, your documents cannot override it. Which job a given law is doing, and what your state requires, depends on that statute's own wording.

State law is not just a backstop

Federal law controls first. Below that, state law sets the floor for how your association is created and run: a common interest ownership act, a nonprofit corporation act, or both. Below state law come your own documents: the declaration first, then articles of incorporation, then bylaws, then rules. A provision lower in that stack loses to a provision higher in it, no matter which one was adopted more recently.

"State laws generally establish the foundation for the legal framework within which associations operate."

Source: Understanding the Hierarchy of Governing Documents in a Community Association, Community Association Management (CAMS)

Two different jobs state law does

Some state provisions are defaults. They apply only if your documents are silent. Nevada's common interest ownership statute, for example, sets a default vote threshold for amending a declaration, a majority of the association's votes, that applies unless the declaration itself sets a different percentage. Read your own declaration's amendment section before assuming a state default applies to you.

Other provisions are mandatory. They apply even if your documents say something else, or say nothing at all. California's Civil Code, for instance, requires associations to give architectural review decisions in writing with a reason, whether or not the declaration mentions that requirement.

"the association shall provide a fair, reasonable, and expeditious procedure for making its decision"

Source: California Civil Code Section 4765, California Legislature

This is California law specifically. Check whether your own state imposes a similar mandatory requirement.

Not every state runs the same statute

Several states base their common interest ownership statute on the Uniform Common Interest Ownership Act, but fewer than half have adopted it, and adopting states use different years' versions with their own changes. Nevada's amendment statute and other state examples in this course show how this kind of law is commonly structured, not a preview of your own state's rule.

Look up your own state's common interest ownership statute, or ask your association's attorney which one applies before relying on any example in this course. See How to research a governing document question for where to look.

Check yourself

Answer before you read the explanation, recalling it is what makes it stick.

Your declaration is silent on what percentage of owners must approve an amendment. What governs?

A state statute requires written explanations for denied architectural requests. Your declaration is silent on this. What happens?

A board assumes Nevada's amendment statute applies to their own state. Why is this risky?

Sources

Understanding the Hierarchy of Governing Documents in a Community Association, Community Association Management (CAMS)
California Civil Code Section 4765, California Legislature
Nevada Revised Statutes Chapter 116, State of Nevada Legislature
Uniform Common Interest Ownership Act (2021), Uniform Law Commission

Governing Documents

Next, learn how amendments to your declaration actually get adopted once you know which vote threshold applies.

Which state provisions are defaults and which are mandatory, and which common interest ownership act (if any) your state has adopted, varies by state. Confirm both in your own state's statute before assuming your governing documents are the final word.

Not legal advice

totalHOA Academy is intended to provide general educational information and a practical starting point for understanding community association governance and operations. While we aim to provide useful and accurate information, we do not guarantee that every article is complete, current, or applicable to your specific association or situation.

Nothing in the Academy should be considered legal, financial, tax, accounting, or other professional advice. Laws vary by state, and your association's declaration, CC&Rs, bylaws, rules, policies, and other governing documents may impose different requirements.

Use the information in the Academy at your own discretion. Before making decisions that affect your association, its owners, finances, legal rights, or obligations, review your governing documents and consult an attorney, accountant, or other qualified professional when appropriate.