Civil Code Definitions & Foundations
Governing Documents
Chapter 1 · General Provisions · Definitions
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4150
“Governing documents” means 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.
(Added by Stats. 2012, Ch. 180, Sec. 2. (AB 805) Effective January 1, 2013. Operative January 1, 2014, by Sec. 3 of Ch. 180.)
In plain English
Editorial summary — not the statute’s text.
This is the umbrella term for every document that runs an association: CC&Rs, bylaws, articles, and the board’s operating rules. When the Act says “governing documents,” it means all of them together.
What this means for you
Editorial summary — not the statute’s text.
- Know which of your documents fall under this term — it’s broader than just the CC&Rs.
- When a statute references “governing documents,” obligations flow to your rules and bylaws too.
- Keep a current, organized set of all four document types on hand.
How courts have read this
Editorial summaries — not the court’s words.
- Kaplan v. Fairway Oaks Homeowners Ass'n 98 Cal. App. 4th 715 · 2002 Election challenges enforcing the bylaws carry prevailing-party attorney fees.
decided before the current text (eff. 2014-01-01, AB 805)
- Tract 19051 Homeowners Assn. v. Kemp 60 Cal. 4th 1135 · 2015 Prevailing-party fees apply even when the development is not a CID.
cited 2×
- Branches Neighborhood Corp. v. CalAtlantic Group, Inc. 26 Cal. App. 5th 743 · 2018 Upheld a CC&R member-vote precondition to developer suits — later voided by statute.
mentioned in passing
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
mentioned in passing
- LNSU 1, LLC v. Alta Del Mar Coastal Collection Community Assn. 94 Cal. App. 5th 1050 · 2023 Pre-meeting director emails are not Open Meeting Act board meetings.
mentioned in passing