Civil Code Rules & Governing Documents

§4350

When an Operating Rule Is Valid

Chapter 3 · Governing Documents · Operating Rules

Text current as of 2026-07-07 · Last amended by SB 745, eff. 2014-01-01

The code says CIV §4350

An operating rule is valid and enforceable only if all of the following requirements are satisfied:

(a) The rule is in writing.

(b) The rule is within the authority of the board conferred by law or by the declaration, articles of incorporation or association, or bylaws of the association.

(c) The rule is not in conflict with governing law and the declaration, articles of incorporation or association, or bylaws of the association.

(d) The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article.

(e) The rule is reasonable.

(Amended by Stats. 2013, Ch. 183, Sec. 13. (SB 745) Effective January 1, 2014.)

In plain English

Editorial summary — not the statute’s text.

A rule only sticks if it clears five tests — chief among them that it’s reasonable and within the board’s authority. Fail even one and the rule is unenforceable.

What this means for you

Editorial summary — not the statute’s text.

  • Run every proposed rule against all five requirements before adopting.
  • “Reasonable” is the test courts scrutinize most — be ready to justify it.
  • Keep rules in writing and properly adopted, or you can’t enforce them.

How courts have read this

Editorial summaries — not the court’s words.

Decided under the former numbering

Official text · leginfo ↗