Glossary
Governing documents
The recorded declaration (CC&Rs), bylaws, and rules of a common interest community that allocate rights and restrictions among the association and the owners.
Why it matters
Governing documents are the first place an HOA or condominium rule appears, but they are not the
only authority: state statutes can override them. In California, a governing-document provision
that effectively prohibits or restricts a solar energy system is void under Civil Code section
714, and an association policy that violates the household-rooftop protections of section 714.1 is
void and unenforceable.
What to check
Before an energy upgrade, request the current declaration, bylaws, and rules in writing, and check
the provisions on architectural review, exclusive-use areas, maintenance, and insurance. The
governing documents cannot excuse compliance with permits, codes, utility rules, or other state
requirements.
Jurisdictional variation
The hierarchy of declaration, bylaws, and rules, and the limits on what they may regulate, differ
by state statute and by what is recorded. Guides state the statutory limits that apply in their
jurisdiction.