Civil Code Rules & Governing Documents
Order of Authority Among Documents
Chapter 3 · Governing Documents · General Provisions
Text current as of 2026-07-07 · Last amended by SB 745, eff. 2014-01-01
The code says CIV §4205
(a) To the extent of any conflict between the governing documents and the law, the law shall prevail.
(b) To the extent of any conflict between the articles of incorporation and the declaration, the declaration shall prevail.
(c) To the extent of any conflict between the
bylaws and the articles of incorporation or declaration, the articles of incorporation or declaration shall prevail.
(d) To the extent of any conflict between the operating rules and the bylaws, articles of incorporation, or declaration, the bylaws, articles of incorporation, or declaration shall prevail.
(Amended by Stats. 2013, Ch. 183, Sec. 11. (SB 745) Effective January 1, 2014.)
In plain English
Editorial summary — not the statute’s text.
When two of your documents disagree, this section tells you which one wins. Statute beats the CC&Rs, the CC&Rs beat the bylaws, and operating rules sit at the bottom of the stack.
What this means for you
Editorial summary — not the statute’s text.
- When a rule conflicts with the CC&Rs, the CC&Rs win — don’t fix a CC&R problem with a rule.
- Use this hierarchy to resolve member disputes about which document applies.
- A rule that contradicts a higher document is unenforceable.
How courts have read this
Editorial summaries — not the court’s words.
- Ruffier v. Volcano Hills Road Maintenance Assn. 2026 A board cannot raise regular assessments without member approval or budget compliance.
cited 2×
- Arroyo v. Pacific Ridge Neighborhood Homeowners Assn. 2025 Candidate statements mailed with ballots are association media requiring equal access.
cited 3×