
4 minute read
Ranchers' RoundUp - May 2025
Understanding the Difference Between CC&R's, Bylaws and Rules & Regulations... and why knowing the document hierarchy matters.
Dobson Ranch, as an HOA, is governed by a set of structured documents that lay the foundation for how the community operates. From what color you can paint your home to how the board of directors conducts elections, these rules help protect property values, ensure fairness, and support long-term community goals. However, not all documents carry the same legal weight. Understanding the hierarchy of these documents, and how each one functions, can help homeowners better navigate questions about governance, rights, and responsibilities.
The Hierarchy of Governing Documents
Governing documents fall into a legal order of authority. When there is a conflict between documents, the higher-ranking document prevails. Here’s how that hierarchy breaks down, from most to least authoritative:
1. Federal and State Laws
These laws override all HOA documents. They govern matters such as fair housing, tax regulations, property rights, and non-discrimination. No HOA rule may conflict with these laws.
2. Plat Map
Recorded with the county, the plat map defines physical boundaries, easements, and setbacks. It’s especially important for establishing property lines and maintenance responsibilities.
3. Covenants, Conditions & Restrictions (CC&Rs)
CC&Rs are recorded with the county and form the core governing documents of the association. They define the rights and obligations of both the homeowners and the association, including:
• Use restrictions (e.g., no commercial activity)
• Assessment and insurance requirements
• Enforcement and dispute resolution procedures
• Maintenance obligations for both the association and its members
4. Articles of Incorporation
The Articles of Incorporation are filed with the state and define the legal name, address, and corporate status of the association. Think of the Articles as the birth certificate of the association. All too often we call the association by it’s nickname, “Dobson Ranch” but the community is legally named “The Dobson Association Inc” in the Articles.
5. Bylaws
The bylaws describe how the HOA operates, focusing on the internal governance of the association. Topics typically covered include:
• Board member roles and responsibilities
• Election procedures and voting rights
• Meeting frequency and quorum rules
6. Rules & Regulations
These documents handle the community’s day-today living guidelines. They’re the most flexible and easiest to update, typically requiring only a board vote. Examples include:
• Rec center hours
• Common Area Guidelines
• Architectural Guidelines
Breaking Down the Big Three
Let’s take a closer look at the three main documents most homeowners encounter:
CC&Rs: The Backbone of the HOA
Think of the CC&Rs as the “contract” between you and your HOA. They are legally binding and recorded with the state. Because they set the foundation for property use and community standards, changing them is difficult and time-consuming—but they are essential to protecting the overall value and character of the community.
Bylaws: The HOA’s Operating Blueprint
While the CC&Rs govern what can and can’t happen in the community, the bylaws explain how
the HOA functions. These documents outline the responsibilities of board members, election procedures, and rules for conducting meetings. This is where homeowners can learn how their board operates and how decisions are made.
Rules & Regulations: Everyday Community Living
The most flexible and changeable of the governing documents, Rules & Regulations handle routine operations and lifestyle rules. They may include seasonal changes (like pool hours), noise limitations, or architectural guidelines. While easier to update, they must always align with the higher-ranking documents. They also tend to be the biggest contributor to protecting property values, especially architectural guidelines.
When and How to Update HOA Documents
While every rule and guideline can technically be changed, each type follows its own process:
• CC&Rs: Require homeowner voting—75% of the membership and legal filing.
• Bylaws and Rules & Regulations: Typically, only require a board vote, followed by homeowner notification and review. The architectural guidelines are an outlier and require committee voting. It’s good practice for HOA’s to review their governing documents, at a minimum, every 4–5 years to ensure they reflect the current needs of the community. This includes assessing compliance with new state laws, addressing outdated provisions, and adapting to the evolving lifestyle of homeowners. For quick reference, please see the table below.
Homeowner Portal Access: www.DobsonRanchHOA.com and click the City Property CITYCYNC button.
Final Thoughts
The better homeowners understand their community’s governing documents and how they relate to one another, the stronger and more harmonious the community becomes. Whether you’re looking to suggest a change or just want to know your rights, knowing the difference between CC&Rs, bylaws, and rules & regulations is key to informed HOA living. If you’re curious about any of the governing documents, you can find them all on your City Property Homeowner Portal.
