What Are Bylaws in a Community Association?

Bylaws are a comprehensive set of rules that govern how a homeowners’ association (HOA) board operates. Legal documents that establish important procedures for running an HOA, they can be several pages long and filled with legal terminology. Read on to learn what bylaws are, why they’re important, and much more!

What Are HOA Bylaws?

Bylaws are provisions that establish how the association operates and how its board of directors conducts business, including procedures for elections, meetings, voting, and other governance matters.

Bylaws typically address:

• Board elections and terms

• Board responsibilities

• Officer positions

• Meetings and quorum

• Voting rights

• Amendment procedures

Watch the CSS Board Member Orientation to Learn More About Bylaws!

What Should HOA Bylaws Include?

Every HOA has its own governing documents, so no single list of requirements applies to every community. Bylaws often include sections on:

• Membership. Bylaws may explain membership eligibility and voting rights.

• Board of Directors. This section might cover the number of board members, elections, terms, vacancies, resignations, and removal procedures.

• Officers. Bylaws may identify officer positions and explain their responsibilities.

• Meetings. Conditions might cover annual meetings, special meetings, notice requirements, and quorum.

• Voting. Bylaws may explain who can vote, how votes are conducted, and whether proxies or other voting methods are allowed.

• Committees. If committees are part of the association’s structure, the bylaws might clarify how they are formed and what authority they have.

• Amendments. The document should describe how the association approves and adopts proposed changes.

What Should Not Be Included in the Bylaws?

Bylaws tend to focus on governance and administration. Detailed property restrictions usually belong in other governing documents. For example, bylaws generally aren’t where homeowners will find detailed requirements about:

• Lawn maintenance

• Parking

• Exterior paint colors

• Pet restrictions

• Pool hours

• Architectural changes

Those limitations might appear in the Covenants, Conditions, and Restrictions (CC&Rs) or rules and regulations, depending on the community.

What’s the Difference Between Bylaws and CC&Rs?

Bylaws govern the association as a business while the CC&Rs govern the association’s property. What’s more, HOA bylaws aren’t always recorded with the local jurisdiction, as the CC&Rs typically are. However, bylaws and CC&Rs should complement one another and remain consistent with their rules. Here’s how it all breaks down:

Bylaws

Bylaws explain how the association is governed. They address things such as elections, meetings, voting, board responsibilities, and quorum.

CC&Rs

CC&Rs establish property and community requirements. They might address maintenance responsibilities, assessments, architectural standards, and property-use restrictions.

Rules and Regulations

Rules and regulations provide additional detail. They can clarify requirements established by the CC&Rs and bylaws. For example, CC&Rs might establish architectural standards for a community. A separate rule may explain the application process for a homeowner seeking approval for an exterior change.

Read Guide to the Homeowners’ Association Rules Hierarchy to learn how bylaws, CC&Rs, and rules and regulations work together.

Can an HOA Board Change the Bylaws?

An HOA board may have authority to amend the bylaws, but the process depends on the association’s governing documents and applicable law. Some amendments require homeowner approval, while others give the board authority to approve certain changes. The required approval threshold can also vary.

Before proposing a bylaw amendment, the board should:

• Review the current bylaws and related governing documents to determine who has authority to approve the change.

• Confirm applicable state requirements before moving forward with the amendment.

• Explain the proposed changes clearly, so homeowners understand what the amendment would change.

• Provide notices according to the governing documents and applicable law.

• Consider legal review for major amendments or changes that could conflict with other governing documents or legal requirements.

Please note: HOA requirements vary by state and community. Review your governing documents and applicable laws before changing or enforcing bylaws. For legal questions, consult a qualified attorney.

Where Can I Find My HOA Bylaws?

Bylaws can be found in a variety of places in and outside of your community. Here’s where you might look:

• Community website

• Homeowner portal

• Closing documents

• Title company

• Relevant government offices

Your community manager or board leaders should also be able to provide the bylaws. Once you locate the bylaws, confirm that you have the current version. An older copy might contain provisions that have since been amended.

Enforcing the Bylaws In Your Community

Bylaws give an HOA a framework for responsible governance. However, boards still need to interpret and apply those requirements consistently. That can be difficult when governing documents are complicated, outdated, or unclear.

With decades of experience in helping boards navigate governing-document requirements and association procedures, Associa is the community management company you can trust for professional support. At Associa, we assist the board with election procedures, meeting requirements, voting rights, and other governance matters, so you can enforce the bylaws fairly and steadily. Contact us today to experience the best in management support.

Reviewed for accuracy using Associa community association management, board education, and governance resources.

This article draws on publicly available information from community association organizations, industry resources, and guidance shared by Associa community management professionals.