An association’s “governing documents” are defined as “the declaration and any other documents, such as bylaws, operating rules, articles of incorporation, or articles of association, which govern the operation of the common interest development or association.” (Civ. Code § 4150.)
In addition to state, local and federal laws, a common interest development (“CID”) is governed by its governing documents. The governing documents may have been initially drafted by the CID’s developer, but are subject to amendment by the association and its membership over time. (See “Amendments to Declaration,” “Amendments to Bylaws,” and “Adopting & Amending Operating Rules.”)
The types of governing documents for any particular CID or association will vary slightly based upon the nature of the CID itself:
Governing Document | PUDs | Condo Projects | Stock Cooperatives |
Declaration (CC&Rs) | √ | √ | |
Bylaws | √ | √ | √ |
Articles of Incorporation | √ | √ | √ |
Operating Rules | √ | √ | √ |
Election Rules | √ | √ | √ |
Architectural Guidelines | √ | √ | √ |
Tract Map | √ | ||
Condominium Plan | √ | ||
Proprietary Lease | √ |
Related Topics
- AB-1466 (McCarty) Real property: discriminatory restrictions.
- AB 3182 (Ting) Common interest developments: governing documents: rental or leasing of separate interests.
- SB 944 (Committee on Transportation and Housing). Housing Omnibus.
- Election Rules
- Condominium Plan
- Bylaws
- Declaration (CC&Rs)
- Operating Rules (Rules & Regulations)
- Articles of Incorporation