HOA glossaryGovernance

What is Governing Documents?

Governing documents are the full set of records that control an association: the declaration/CC&Rs, bylaws, articles of incorporation, plat, and board-adopted rules.

'Governing documents' is the umbrella term. When a statute or a purchase contract references them, it means every document with binding force — not just the CC&Rs.

The documents form a hierarchy. Federal and state law sit at the top, followed by the recorded plat or map, then the declaration/CC&Rs, then the articles of incorporation, then the bylaws, then board rules and policies. When two documents conflict, the higher one wins.

Knowing the hierarchy is the single most useful thing a new board member can learn. Most 'the board can't do that' disputes are resolved by identifying which document actually grants the authority in question.

Hierarchy: law → plat → declaration/CC&Rs → articles → bylaws → rules.
Sellers are generally required to deliver these to buyers before closing.
Should be centralized and searchable — scattered PDFs are the root of most repeat questions.

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Related terms

CC&RsCC&Rs are the recorded legal document that sets the binding rules for what owners can and cannot do with their property in a community association.BylawsBylaws are the association's internal operating manual — they govern how the board is elected, how meetings run, and how the corporation makes decisions.Articles of IncorporationArticles of incorporation are the filing with the state that legally creates the HOA as a nonprofit corporation.DeclarationThe declaration is the founding recorded instrument that creates the association, defines the property it covers, and imposes the covenants on every lot or unit.

Answers straight from your own documents

Melo tells residents what Governing Documents means in your community — citing the exact page of your CC&Rs, budget, or rules.