Civil Code Rules & Governing Documents
Operating Rules, Defined
Chapter 3 · Governing Documents · Operating Rules
Text current as of 2026-07-07 · Last amended by AB 805, eff. 2014-01-01
The code says CIV §4340
For the purposes of this article:
(a) “Operating rule” means a regulation adopted by the board that applies generally to the management and operation of the common interest development or the conduct of the business and affairs of the association.
(b) “Rule change” means the adoption, amendment, or repeal of an operating rule by the
board.
(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.
These are the board-made rules — pool hours, architectural procedures, parking — that the board can adopt without a full membership vote, unlike the CC&Rs.
What this means for you
Editorial summary — not the statute’s text.
- You can adopt and change these at the board level, within limits.
- Rules must stay consistent with the CC&Rs and bylaws (see order of authority).
- Not everything can be a rule — some changes require a CC&R amendment.
How courts have read this
Editorial summaries — not the court’s words.
- Watts v. Oak Shores Community Assn. 235 Cal.App.4th 466 · 2015 Associations may reasonably regulate short-term rentals.
central to this opinion — cited 1×
- Friars Village Homeowners v. Hansing 220 Cal. App. 4th 1055 · 2013 Boards may set reasonable director qualifications by operating rule.
decided before the current text (eff. 2014-01-01, AB 805)
Decided under the former numbering
- Clear Lake Riviera Community Assn. v. Cramer 182 Cal. App. 4th 459 · 2010 · as former §1357.100 Circumstantial evidence of long enforcement can prove a rule’s valid adoption.
decided before the current text (eff. 2014-01-01, AB 805)