Civil Code Rules & Governing Documents
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(d) The rule is adopted, amended, or repealed in good faith and in substantial compliance with the requirements of this article.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.
- 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, SB 745)
- Sui v. Price 196 Cal. App. 4th 933 · 2011 Association operating rules must be reasonable, like CC&Rs.
decided before the current text (eff. 2014-01-01, SB 745)
- 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
- Smart Corner Owners Assn. v. CJUF Smart Corner LLC 64 Cal. App. 5th 439 · 2021 Developer-drafted pre-suit member-vote requirements can’t block construction-defect claims.
mentioned in passing
Decided under the former numbering
- Clear Lake Riviera Community Assn. v. Cramer 182 Cal. App. 4th 459 · 2010 · as former §1357.110 Circumstantial evidence of long enforcement can prove a rule’s valid adoption.
decided before the current text (eff. 2014-01-01, SB 745)
- Cebular v. COOPER ARMS HOMEOWNERS ASS'N 142 Cal. App. 4th 106 · 2006 · as former §1357.110 Assessments proportioned to voting power are not wholly arbitrary.
decided before the current text (eff. 2014-01-01, SB 745)