The HOA Governing Document Hierarchy is the established order of authority among an HOA’s governing documents. When documents conflict, the hierarchy determines which document controls. Typically, higher-level documents—such as recorded declarations or state law—override lower-level rules or policies.
- A common hierarchy (from highest to lowest) includes:
- Federal, state, and local laws
- Plat Map (in some jurisdictions)
- Declaration / CC&Rs
- Articles of Incorporation
- Bylaws
- Rules & Regulations, policies, and guidelines
Why It Matters for Self-Managed HOAs
Understanding document hierarchy is essential for boards that make decisions, enforce rules, and respond to homeowner disputes without professional management.
- Prevents the board from enforcing rules that conflict with higher authority documents.
- Helps resolve disputes when documents appear inconsistent.
- Protects the HOA from legal challenges or improper enforcement.
- Ensures amendments and policies are adopted correctly.
- Builds confidence when responding to homeowner questions or appeals.
For HOA Presidents and Secretaries, document hierarchy is a foundational governance concept.
How to Use It
“The board confirmed that the CC&Rs took precedence over the rules and regulations under the governing document hierarchy.”
Best Practice or Tip
- Store all governing documents in HOA My Way’s document library, clearly labeled by type and date.
- Reference the governing document hierarchy when creating or updating policies.
- Train new board members on document hierarchy during onboarding.
- Link enforcement actions directly to the highest applicable governing document.
- Keep only the most current, recorded versions accessible to avoid confusion.
